NANDA Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and order of sentence passed by the learned Special Judge, SC/ST Cases and Addl. Sessions Judge, Pratapgarh dated 01.08.2000 in Sessions Case No. 67/97 (136/97) convicting the accused appellant under Section 302 Indian Penal Code, Section 3 read with Section 25 of the Arms Act and sentencing him to life imprisonment with a fine of Rs. 2,000/-, in default thereof to further undergo two years' simple imprisonment for the offence under Section 302 Indian Penal Code and 6 months' rigorous imprisonment under Section 3 read with Section 25 of the Arms Act directing that both the sentences shall run concurrently.

(2.) Briefly stated, the facts of the present matter are that on May 15, 1997, P.W. 1 Gopal lodged a verbal report Exhibit P/1 (FIR) before P.W. 21 Govind Singh, S.H.O. Police Station Badi Sadri stating inter alia therein that at about 7.45 P.M.while he was sitting at his house, his maternal nephew P.W. 2 Loger came there and informed that Narbada Singh (since expired, hereinafter to be referred as 'the deceased'), Jaita and he himself were on a motorcycle and going from Bhachedi to the house of Jaita to bring his wife and reached near the field of Bheru Singh, they found 10-12 persons standing at the way side. Accused Nanda was having a gun in his hand the other accused were having lathis and Dhariyas. Appellant Nanda then fired from his gun hitting the deceased in the chest and they fell down from the motorcycle. Choka, Kalu and Chaina then inflicted lathi blows on the person of P.W. 2 Loger. Loger and Jaita managed to escape from the place of occurrence. He along with Loger and Meghraj then went to the place of occurrence and found the dead body of the deceased there. It was also stated that the accused were in inimical terms with the deceased on account of some agricultural field dispute. On this report Exhibit P/l, a criminal case No. 163/94 under Sections 323, 302, 147, 148, 149 and 341 was registered and investigation commenced.

(3.) During the course of investigation, P.W. 21 Govind Singh, Investigating Officer proceeded on the spot and prepared Exhibit P/2 Panchayatnama in presence of Panchas. The Panchas were of the opinion that the deceased died due to gunshot pellet injury. Site was inspected and Inspection Note and Site plan Exs. P/3 and P/4 respectively were prepared in presence of Raju and Pyara. Control soil and blood smeared soil was lifted from the spot and was seized and sealed through Exhibit P/5 in presence of Raju and Pyara. Photographer P.W. 5 Jinendra Kumar took photographs of the dead body. The photographs and negatives are Exs.P/7 to P/9 and Exhibit P/10 respectively. P.W. 8 Dr. Pooran Singh conducted postmortem of the dead body. Post-mortem Report is Exhibit P/13. P.W. 8 Dr. Pooran Singh medically examined Loger and Jaita on 16.05.1997. Their injury reports are Exhibits P/6 and 15 respectively. After postmortem, the dead body was handed over to the brother of the deceased for cremation through Memo Exhibit P/22. The clothes of the deceased were seized and sealed through Memo Exhibit P/23. The accused appellant was arrested through Memo Exhibit P/33 on 18.05.1997. In the disclosure statement Exhibit P/38 made by the accused appellant, he stated that he has kept the gun at his residence, which he was willing to get it recovered. In pursuance of disclosure statement, the gun was recovered. The seized articles were sent for examination in the F.S.L. The F.S.L. report regarding the gun recovered at the instance of accused appellant is Exhibit P/52. After recording statements and usual investigation, challan was submitted in the Court of Magistrate and thereafter ultimately it came for trial before the learned Special Judge, SC/ST Cases and Addl. Sessions Judge, Pratapgarh.