RAJESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal assails the judgment and order dated 19.1.2004 passed by Addl. Sessions Judge, Fast Track Court, Ghazipur, in S.T. No.217 of 2002, convicting and sentencing the appellant under Section 302 IPC to life imprisonment with fine of Rs.10,000/- and a default sentence of 2 years, and in S.T. no. 218 of 2002, convicting and sentencing the appellant under Section 25 Arms Act to 3 years R.I, with fine of Rs.2000/- and a default sentence of 6 months. Both the sentences were to run concurrently.

(2.) On above allegations, a written report (Exbt. Ka-1) was scribed by PW-1, which became the basis for registering an FIR (Exbt. Ka-2) as Case Crime no. 247 of 2002, under Sections 302 IPC on 1.7.2002 at 12:10 P.M.

(3.) PW - 6, the I.O, commenced investigation on 1.7.2002 as the FIR was registered in his presence and the check report also bore his signatures. He along with the informant (PW-1), PW-3 and other constables proceeded to the scene of occurrence, took the body in his custody, inquest (Exbt. Ka-8) conducted in presence of witnesses, letters prepared for autopsy and the body sent for autopsy along with PW-5 and another constable. He on the same date, obtained the statement of the informant and others, prepared site plan (Exbt. Ka- 14) at the dictates of PW-1. He collected one cartridge near the dead body and prepared its memo (Exbt. Ka-16). He also picked up blood stained wearing apparel of the deceased, prepared a memo (Exbt. Ka-17). On 18.7.2002, after obtaining permission of the Court, as the accused Rajesh @ Munna was in jail consequent to his surrender, took his custody to obtain his statement and to effect the recovery of the incriminating weapon. He on the same day, recovered the incriminating weapon at the pointing out of accused Rajesh @ Munna from a place near the river bank, in presence of named witnesses. On the basis of recovery of the said weapon, an FIR (Exbt. Ka-22) as Case Crime no. 271 of 2002 under Section 3/25 Arms Act was registered on 18.7.2002 against accused Rajesh @ Munna. After completion of investigation, a charge sheet (Exbt. Ka-20) under Section 302 IPC and another charge sheet (Exbt. Ka- 25) under Section 3/25 Arms Act were submitted by PW-6 and PW-9, respectively.