NAHEED ARA MOONIS,J. - (1.) This Criminal Appeal has been filed against the judgement and order dated 17.07.2009 passed by the learned Additional Sessions Judge (Fast Track ) Court No. 3, Maharajganj in Session Trial No. 158 of 2004 arising out of Case Crime No. 115 of 2004, under Section 302 IPC and Session Trial No. 159 of 2004 arising out of Case Crime No. 121 of 2004, under Sections 25/27 of Arms Act, police station Ghughli, district Maharajganj whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs. 5,000/- under Section 302 IPC and five years rigorous imprisonment and a fine of Rs. 1000/- under Sections 25/27 of the Arms Act. In case of default, the appellant was further directed to undergo rigorous imprisonment for six months in both the session trials. However, both the sentences were directed to run concurrently.
(2.) The emanation of facts giving rise to the case of the prosecution are that a written report was handed over by the first informant Hari Narayan, son of Maniraj Chaudhary, village Harkhi Tola police station Ghughli, district Maharajganj to the effect that the complainant is the permanent resident of village Harkhi Tola Nipaniya, police station Ghughli, district Maharajganj. On the fateful day, i.e. (01.9.2004) at about 6.00 AM, when his Samdhi Lalman Chaudhary, son of Ram Kishun (daughter's father-in-law), who resided in the same village, was coming back to his village from Harkhi Miner situated in south-east after attending the call of nature, Jawahar alias Baburam (appellant) who is the son of the first wife of Lalman Chaudhary shot at him at the canal as he was inimical with his father due to litigation in respect of family property. After Lalman Chaudhary fell down, his son (the appellant) hacked him to death with a sharp edged weapon. On hearing the sound of firing Mahendra Gaud, Rakesh, Pauhari and several other persons who were present at the spot rushed towards and tried to chase the accused to nab Jawahar alias Baburam, but he managed to escape towards southern side by taking shelter of paddy and sugar-cane crops. It was further mentioned in the report that dead body is lying at the spot.
(3.) On the basis of the aforesaid report, which was scribed by Ram Suresh, son of Ugai, village Sonevarsa, the FIR was registered at 8.15 AM on the same day as Case Crime No. 115 of 2004, under Section 302 IPC, police station Ghughli, district Maharajganj.;