SUSHIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 21/22.04.2009 passed by Additional Sessions Judge, Court Room No.5, Saharanpur in Sessions Trial Nos.554 of 2007, 609 of 2007 and 610 of 2007, convicting the appellants under Sections 302/34 of IPC and sentencing them to undergo imprisonment for life, with a fine of Rs. 10,000/- each, in default thereof, one year rigorous imprisonment. However, the appellants have been acquitted of the charge under Section 25 of the Arms Act.

(2.) As per prosecution case, about a year prior to the date of incident, i.e. 24.5.2007, accused Bhullan abducted the daughter of Subhash (deceased), namely, Sangeeta. On the basis of a report lodged by Subhash, accused Bhullan was arrested and about a week prior to the incident, he was released on bail. Four days prior to 24.5.2007, one Naresh and Somdutt had approached Subhash, asking him to withdraw the case against accused Bhullan or to face consequences. Subhash had refused the demand of accused Bhullan and had decided not to withdraw the case against accused Bhullan. Annoyed with the decision of Subhash, on 24.5.2007 at about 6.00 pm, when Subhash was selling 'chat', accused Sushil and Bhullan reached there, carrying country made pistols with them and both of them caused firearm injuries to Subhash, resulting his instantaneous death. Incident has been witnessed by Surendra (PW-1), Raj Kumar (PW-2) and father of the deceased Mam Chandra. At 7:20 pm o 24.5.2007 itself, FIR Ex.Ka.3 was lodged by Surendra (PW-1) against the appellants, Naresh and Somdutt under Sections 302 and 120-B of IPC.

(3.) As per Autopsy Surgeon, following injuries were noticed on the body of the deceased: