Uma Nath Singh, J. - (1.) THIS Criminal Appeal arises out of a judgment dated 09.08.2007 passed by learned Additional Sessions Judge, Court No. 2, Unnao, in Sessions Trial No. 307 of 2006 under Section and IPC and Section of the Arms Act recording conviction of appellant on all three counts and sentencing him to undergo imprisonment for life with a fine of Rs. 2,000/ - on first count; RI for seven years with a fine of Rs. 1,000/ - on second count, and only a fine of Rs. 1,000/ - on third count (Section Arms Act).
(2.) PROSECUTION case in brief is that complainant Rudra Pratap Singh lodged a report at Police Station Bihar, Unnao, on 23.04.2006 that 3 -4 days prior to the date of incident (22 -04 -2006), his cousin Tej Singh son of Ram Autar Singh had cut their wheat crop forcibly, and in order to resolve the dispute, Pradum Kumar, Rajendra Singh, Ram Pratap Singh, Udai Pratap Singh, Shiv Poojan Singh and the complainant himself, had gathered in the court yard of house of accused Tej Singh and were discussing the matter with him. All of sudden accused Tej Singh started abusing them, and at about 10.30 in the night, rushed into a room of the house. The complainant and others also followed him to the room. The moment Tej Singh entered the room, he picked up his gun and fired at Ram Pratap. At that moment, deceased Udai Pratap, brother of the complainant and witness Ram Pratap, came on the front and received the gunshot injury. Witness Ram Pratap also received pellet injuries from the gunshot. Thus, his brother Udai Pratap and Ram Pratap received pellets injuries from the gunshot fired by accused Tej Singh. At that time an emergency light was on in the house, and his family members carried the injured to District Hospital Unnao, and later on, he received a telephonic message that during the treatment in District Hospital, Unnao, the doctors declared his brother Udai Pratap brought dead. After receiving that information, the complainant went to Police Station Bihar and submitted a written report. However, out of shock and nervousness, having heard the news of death of his brother Udai Pratap, he forgot to mention some more facts. Pursuant to the FIR lodged by Rudra Pratap Singh (PW -1), necessary investigations were carried out by the police. Inquest of the dead body was prepared vide Ex. Ka -7, which is proved by S.I. Ranjeet Singh (PW -6), who carried out the investigation. Post Mortem of the dead body was conducted vide Ka -2 (Post Mortem Report), by Medical Officer on post mortem duty, Dr. P.N. Ahirwar (PW -3), has proved the report. Vide Ex. Ka -22, Serologist's report on incriminating materials, collected during investigation and sent for examination, was placed on record by the prosecution. On completion of investigation, finally charge sheets were filed by the Investigating Officer against the accused -appellant under Section / IPC and also under Section of the Arms Act.. The Chief Judicial Magistrate thereafter committed the case to the Court of Sessions Judge for trial. Sessions trial was assigned to Additional Sessions Judge, Court No. 2, Unnao, who charged the accused -appellant on two counts, namely, under Section IPC for committing murder of deceased Udai Pratap by a gunshot and under Section IPC for causing pellets injuries to injured witness Ram Pratap in an attempt to commit his murder apart from the one under Section of the Arms Act..
(3.) DURING the course of trial, the prosecution examined as many as eight witnesses whereas the defence produced two. Learned Trial Court on appreciation of prosecution evidence held the accused -appellant guilty of charges as aforesaid.;