Decided on September 10,2013

Deepak @M.M. Appellant


- (1.) By way of this appeal, the appellant has challenged the judgment and order dated 29.05.2009, rendered by learned Additional Sessions Judge, Kashipur, District U.S. Nagar in Sessions Trial No.231 of 2004, titled as "State Vs. Mohsin and others". The said trial pertains to crime no.196 of 2004 u/s 302/34 IPC, registered at P.S. Kashipur, wherein four accused persons were tried. Out of those four, one Darpan Saraswat was acquitted by the trial court; at the same time, appellant/accused Deepak @ DM along with coaccused Mohsin and Iqbal were convicted for the offences under Section 302/34 IPC, wherefor they have appropriately been sentenced.
(2.) Here it is relevant to mention that the instant appeal has been filed only by the accused Deepak, whereas rest of the convicts, viz. Mohsin and Iqbal, have not preferred any appeal so far, as apprised by learned counsel for the appellant.
(3.) The questioned incident relates back to 10.3.2004 which took place at 10 PM on the road in front of a shop known as 'Goswami Electronics Store', Subhash Nagar, Kashipur (U.S. Nagar), when the appellant Deepak @ DM, with co-accused Mohsin, Darpan Saraswat and Iqbal, were indulged in quarreling with Bhuwan Puri (deceased) under intoxicated state. Complainant Govindi Puri, on being informed about the said occurrence by PW3 Harendra Singh Bisht @ Moni (friend of deceased), rushed to the spot with her brother-in-law Harish Puri and son Lalit Puri. In the electric streetlight, complainant and other witnesses saw all the four accused having a scuffle with the victim. As soon as the complainant raised an alarm, appellant/accused Deepak allegedly exhorted Mohsin to shoot Bhuwan Puri, as his family members had arrived. On such exhortation, accused Mohsin shot a fire upon complainant's son Bhuwan Puri. Soon after, accused Iqbal too opened fire upon the victim. At that time, one Satendra @ Sonu R/o old Avas Vikas, was also present, who along with victim's family members began shouting. The accused persons then re-loaded their respective weapons, and brandishing them, took to their heels from the spot. Victim Bhuwan Puri succumbed to his injuries at the spot itself. Complainant (PW2) then got the FIR (Ex.Ka-1) scribed by one Gopal Giri Goswami. She handed over the same to the police just after one and a quarter hour i.e. on 10.3.2004 at 11:15 PM. Chick report thereof is Ex.Ka.4.;

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