- (1.) Heard Sri Ambrish Kumar Kashyap learned Advocate for the appellant and Sri Jai Narain learned A.G.A.-I for the State-respondents.
(2.) The present appeal is directed against the judgment and order dated 31.8.2015 passed by the Additional Sessions Judge, Court No. 8, District Aligarh in Sessions Trial No. 174 of 2014 ( State vs. Gulshan alias Mekedam Singh Jatav son of Ashok Kumar, resident of Bhatoli, Thana Vijaygarh, Aligarh), arising out of Case Crime No. 292 of 2013 under Sections 452 and 302 IPC, Police Station Akrabad, District Aligarh. The sole appellant herein has been convicted for the offence under Section 302 I.P.C. and has been sentenced with life imprisonment alongwith fine of Rs. 10,000/-, with the condition that in case of default in payment of fine he shall undergo an additional one year imprisonment. The appellant has also been convicted under Section 452 I.P.C. and sentenced for a period of three years rigorous imprisonment alongwith fine of Rs. 5,000/- with the condition that in case of default in payment of fine he has to undergo additional imprisonment for a period of six months. All the punishments are to run concurrently.
(3.) The first information of the incident was given by Dharmendra Kumar son of Kishan Lal resident of Village Julupur Sihaur, G.T. Road near Mohkam Baba Mandir, Police Station Akrabad, District Aligarh, who is the brother of deceased Bal Kishan. The written report dated 19.10.2013 was submitted at the Police Station Akrabad, District Aligarh at about 22:00 hours (10:00 PM) reporting the incident occurred on the said date at about 1:30 PM (13:30 hours). The averments in the written report are that when the first informant Dharmendra Kumar, his wife Anju Bharti, brother Bal Kishan (deceased) and younger sister Anjali Gautam were in their house, the accused Gulshan alias Mekedam Singh Jatav entered into the house and shot dead Bal Kishan and ran away while threatening all present that he would shoot them, in case they tried to catch him. The motive to commit the crime as stated in the first information report was an altercation which took place between deceased and the accused on a day prior to the incident over Rs. 2,000/- borrowed by the accused. The accused Gulshan is distantly related to the victim party being son of maternal uncle of deceased. The information regarding the incident was given to the father of deceased by the first informant immediately on his mobile. The first informant and his wife took deceased to the Medical College and their father had also reached there. The doctors, however, had declared the victim having been brought dead. The first informant brought the dead body home after completion of the postmortem by the evening and, thereafter went to the police station concerned to lodge the first information report.;