SUNIL GILAT Vs. STATE OF U P

JUDGEMENT

(1.) Sunil Gilat the appellant before us is challenging the validity and legality of the judgment and order dated 25.10.2011/29.10.2011 whereby and whereunder the appellant has been convicted under Section 302 I.P.C. and consequently sentenced to life imprisonment along with a fine of Rs.20,000/-. Upon failure to deposit the amount of fine so awarded, the appellant is to further undergo rigorous imprisonment of four years. Both the sentences were to run separately.

(2.) We have heard Mr. Sushil Singh, the Amicus Curiae, Mr. P.K. Singh, the learned counsel for the appellant and Mr. Amit Singh Chauhan, the learned A.G.A. along with Mr. Pradeep Kumar Shahi, Brief Holder for the State.

(3.) Briefly stated, the facts giving rise to the present criminal appeal portray that an unfortunate incident occurred on 31.08.2009 at 12.30 p.m., in which the appellant Sunil Gilat is alleged to have fired upon Rajesh Makara with a country made gun. As a result of the aforesaid Rajesh Makara sustained fire arm injury. The occurrence is alleged to have been witnessed by the brother of the injured, namely, Bhaiya Lal who is said to be present near the place of occurrence. Immediately after the incident took place, Bhaiya Lal, the brother of the injured and two other persons, namely, Ritik and Rajesh reached the spot. Thereafter the assailant Sunil Gilat ran away from the place of occurrence, along with the country made gun with which he had fired upon Rajesh Makara. Bhaiya Lal immediately rushed his injured brother to Urasala Hospital for medical treatment where he was referred to Hallet Hospital. Immediately Bhaiya Lal took his injured brother to Hallet Hospital, where he was admitted at 1.40 P.M. in Emergency Ward as is evident from the Bed- Head Ticket of the injured (Ext. KA-13). After the treatment of the injured Rajesh Makara commenced, the brother of the injured i.e. Bhaiya Lal proceeded to Police Station Raipurwa to submit the report of the aforesaid occurrence. He (Bhaiya Lal the real brother of the injured) submitted the written report of the incident on 31.03.2009 at 4.30 P.M. (Ext. KA-1). On the aforesaid written report the check FIR dated 31.08.2009 was registered as Case Crime No.192/09 under Section 307 I.P.C. (Ext.A-3). The check FIR contains a categorical recital regarding the time of occurrence as well as timing of the FIR, the distance between the place of occurrence and the Police Station. It also details the manner of occurrence and the consequential events which took place. As such, the FIR clearly states the basic prosecution case in unequivocal terms.