DEOKI NANDAN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 9.12.2009 passed by Additional Sessions Judge, Court No. 2, Bareilly in Sessions Trial No. 548 of 2007 and 549 of 2007 (State Vs. Devki Nandan and another) and (State Vs. Sunder @ Shyamsunder), convicting accused-appellant, Deoki Nandan under Sections 302/34 of Penal Code and accused-appellant, Suder @ Shyamsunder under Sections 302 of Penal Code and 25 of the Arms Act and sentencing them to undergo life imprisonment and a fine of Rs. 2,000.00, in default thereof, six months additional sentence; and to undergo life imprisonment and further to undergo two years rigorous imprisonment, with a fine of Rs. 2000.00, in default thereof, six months additional sentence respectively, with a direction that all the sentences to run concurrently.

(2.) As per prosecution case, the appellants are real brothers whereas deceased Sompal was their neighbour. It is alleged that on 6.10.2006 at about 7:30 PM, when deceased Sompal had gone to take country made Cheroots (Beedi) in the shop of Shanker Lal, accused-appellants reached there, abused him and caused one firearm injury, resulting his instantaneous death. Incident has been witnessed by Ramman Lal, PW-1 and Shanker Lal, PW-2. At 9:05 pm, on the basis of written report Ex. Ka-1, FIR Ex. Ka-21 was registered against the appellants under Sec. 302/34 of IPC. From the possession of accused-appellant no. 2, Suder @ Shyam Sunder, a 12 bore country made pistol was seized on 10.11.2006 vide Ex. Ka-17. However, there is no ballistic expert report in respect of the weapon.

(3.) Inquest on dead body of the deceased was conducted on 07.10.2006 vide Ex. Ka-11 and the body was sent for postmortem which was conducted on the same day by Dr. V.K. Yadav (PW-6) vide Ex. Ka-7.