(1.) - This Criminal Appeal under section 374 of Cr.P.C., 1973 has been filed against the judgment dated 24th December, 2010 passed by Sessions judge, Bhind in Sessions Trial No. 65/2006, by which the appellant has been convicted under Section 302 of IPC and under Section 25(1-B)(a) of the Arms Act and has been sentenced to undergo the life imprisonment and fine of Rs. 1,000/- and rigorous imprisonment of one year and fine of Rs. 500/- with default imprisonment, respectively.
(2.) The necessary facts for the disposal of the present appeal in short are that on 25/09/2005, Smt. Arati Bhatele (PW1) lodged a report that she had gone to her parental house along with her husband in the morning at around 09:00-10:00 on a motorcycle and at about 05:00 pm, she started from her parental house for coming back to her matrimonial house on a motorcycle along with her husband. When they were somewhere in between village Khader and village Kharoa, their motorcycle went out of order, as a result of which they were coming by walking. At that time, three persons came on a blue coloured motorcycle from the side of Mo, out of which appellant Kallu was one of them. They asked about the direction for village Kharoa. When her husband told them about the direction towards village Kharoa, all the three persons came near them and the appellant fired a gunshot causing injury on his chest. Another gunshot was fired by another person, which hit her husband, as a result of which her husband fell on the road. They dragged him towards the side of the road and escaped. It was also mentioned in the FIR that a dispute between one Mira Bhatele on the question of land is going on and Mira Bhatele had illicit relations with appellant Kallu. The FIR was lodged. The police, during investigation, collected the evidence that co-accused Mira Bhatele had hatched conspiracy with the appellant Kallu for committing murder of the deceased and with the help of two more accused persons, the offence was committed. The police, after recording the statements and completing the necessary formalities, filed the charge sheet against Mira Bhatele and the appellant. Two more persons, namely, Charan Singh and Ramveer Singh were shown to be absconding. The charge sheet was filed for offence under Sections 302, 34, 120-B of IPC.
(3.) The trial Court by order dated 04/07/2006 framed the charges under Section 302 of IPC and under Section 25/27 of the Arms Act against the appellant, whereas the charge under Sections 302, 120-B of IPC was framed against co-accused Mira Bhatele.
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