BILLOO Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 03.12.2007, passed by the Additional Sessions Judge, Court No.10 Saharanpur in Sessions Trial No. 586 of 2005, convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and a fine of Rs. 10,000/-, in default of payment of fine, to undergo six months additional simple imprisonment.

(2.) As per prosecution case, on 15.05.2005, there was some hot-talk between the complainant Vikas Tyagi (PW-1) and Sachin, son of the appellant over irrigating the agricultural land. Complainant Vikas Tyagi gave an information about the said dispute to his uncle Janeshwar Prasad (since deceased) and in turn, Janeshwar Prasad told Vikas Tyagi that he would go and talk to appellant Billoo about the said incident. Complainant Vikas Tyagi requested the deceased not to have any talk with the appellant. But yet deceased had gone to the appellant, there was some altercation between them and it is said that during said altercation, accused appellant caused single gunshot injury to the deceased by his double barrel gun on his back. Immediately after sustaining the injury, deceased died at the place of occurrence. On the basis of written report Ex.Ka.1 lodged by PW-1, FIR.Ex.Ka.4 was registered against the appellant and juvenile Sachin on 15.05.2005 at 11:00 pm under Sections 302 and 506 of IPC.

(3.) Inquest on the body of the deceased was conducted vide Ex.Ka.7 on 16.05.2005 and the body was sent for postmortem which was done on the same day vide Ex. Ka.6 by Dr.P.K. Agarwal (PW-4).