Decided on May 27,2013

Deepak @ Billu Appellant


- (1.) The above-titled matters, challenging the common judgment of conviction, are being dealt with by this common verdict.
(2.) Both appeals assail the judgment and order dated 21.05.2009 rendered by learned Additional Sessions Judge, Haridwar in S.T. Nos.372/2004 and 373/2004, whereby the accused/appellant was directed to undergo rigorous imprisonment for life for having found guilty u/s 302 IPC besides three years' R.I. under Section 25 of the Arms Act, nay fine under both the sections.
(3.) Facts of the case are that an FIR was lodged by PW1 Girdhari Lal on 30.1.2004 at 5:30 AM with the averments that in a barren field, situated in front of his house, some boys, used to play cards besides using abusive language. His son Ghanshyam tried to persuade them several times but in vain. On 29.1.2004 at about 8 PM, accused Deepak @ Billu with coaccused Mukesh (acquitted by trial court), while playing cards at the same place, were forced to flee on being scolded by Ghanshyam. Subsequent thereto, Ghanshyam went in a kiosk to eat something, where, from behind, the accused Billu shot fire upon him due to which he fell down and became unconscious. At that time, Sunil and Pappu were also present. Complainant, having come to know about the occurrence, went on the spot, and finding his son unconscious, brought him to District Hospital, wherefrom he was referred to C.M.I. Subsequently, he was referred for Himalayan Hospital. On 30.01.2004, the dying declaration of injured was recorded by PW3 Vedpal Singh, Naib Tehsildar. On 07.02.2004 at 1:15 A.M., Ghanshyam succumbed to his injuries in Himalyana hospital itself. During the course of investigation, the accused Deepak also got discovered a pistol along with an empty cartridge which was used in the commission of crime. The Police, on completion of investigation, submitted chargesheets u/s 302 IPC and 25 Arms Act respectively against the accused. Accordingly, the Charge was levelled and the accused were put to trial.;

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