RAJESH CHANDRA, J. - (1.) HEARD counsel for the appellant, learned A.G.A. and perused the record. The appellant Mana @ Manni Lal has filed this appeal against the judgment and order dated 09.09.2005 passed by the Additional Sessions Judge/FTC, Court No. 22, Allahabad, convicting the appellant for the offence under Section 302 I.P.C. and sentencing him with imprisonment for life and a fine of Rs.5000/ - with default stipulation.
(2.) IN brief, the facts of the case are that the complainant Nandan submitted a written report at Police Station Kareli, District Allahabad on 6.8.2000 at 1.30 AM mentioning therein that his younger brother Sant Lal was having love affair with Km.Reena, daughter of Chottey Lal Pasi. When Chottey Lal came to know about this fact, he sent his daughter in his relation about a year back. On account of this enmity some altercation had also taken place between the complainant's father and Chottey Lal and for the same enmity the accused appellant Mana @ Manni Lal, the real brother of Chottey Lal had also beaten the deceased (Sant Lal) about six months back and had threatened for killing him. However, the matter was pacified due to intervention of local residents of the village. The complainant further mentioned in the FIR that on 5.8.2000 he, his brother Sant Lal and Mukesh were as usual lying on separate cots near " Pan Ki Gumti". At about 11.50 PM the accused appellant Mana @ Manni Lal came and opened fire upon the chest of Sant Lal with a country made pistol causing his death. After committing the crime, he ran away towards the village and was chased by the complainant and others but could not be caught. The complainant also expressed his belief that the murder was committed at the instigation of Chottey Lal. On the basis of the written report, a check report was prepared at the police station and the case was registered in the General Diary at crime no. 68/2000 for the offence under Sections 302, 120B I.P.C. and the investigation ensued. The Investigating Officer reached the spot and collected the empty cartridge from there. He also obtained plain and blood stained earth from the place of occurrence and prepared the site plan. The inquest report was also prepared on 6.8.2000 and was completed at 6.40 AM. The dead body was sealed and handed over to Constable Bale Ram and Constable Mujammil Hussain for being taken to mortuary.
(3.) DURING investigation, other accused Ghan Shyam was arrested by the police and on his pointing out, a country made pistol and an empty cartridge were recovered from his house and a case under Section 25 Arms Act was also registered against the co accused Ghan Shyam, which was investigated by SI Vishnu Kant Singh, PW5. He prepared the site plan of the place from where the alleged country made pistol was recovered and also recorded the statements of the witnesses of the case under Section 25 Arms Act. After obtaining the sanction for prosecution from the District Magistrate, submitted the charge sheet against the accused Ghan Shyam under section 25 Arms Act. The Station officer R.N.Dwivedi who was conducting the investigation for the offence under Section 302 IPC etc. recorded the statements of the witnesses, collected the post morten report of Sant Lal and after completing the investigation, submitted a charge sheet against the accused appellant Mana @ Manni Lal and co accused Ghan Shyam for the offence under Section 302 IPC. Charge under Section 302 IPC was framed against the accused appellant Mana@ Manni Lal. The charges under Sections 302/34 IPC and Section 25 Arms Act were framed against the co accused Ghan Shyam. The accused denied the charges and claimed trial.;