Imtiyaz Murtaza, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 14.6.2005, passed by V Additional Sessions Judge, Pratapgarh in Sessions Trial No. 578 of 2003, whereby the appellant has been convicted under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 10000/ -, and in default of payment of fine, further imprisonment for one year.
(2.) BRIEFLY stated, according to the prosecution case, there was enmity between informant Jagpali Saroj and Achchay Lal Saroj accused of his village. On account of the said enmity, on 16.8.2003 at about 6 p.m., when she was coming alongwith her husband Ram Asre Saroj after weeding the paddy crop and as soon as reached the field of her brother -in -law (Dewar) Babulal, accused Achchay Lal reached there with a country -made pistol in his hand and challenging her husband fired at him, which hit on his back. Her husband fell down on the ground. Out of fear, several persons working in the field ran away. On alarm being raised by the informant, her sister -in -law Gayatri Devi, brother -in -law Lalji and several other villagers reached the spot and witnessed the incident. Accused Achchay Lal Saroj ran away towards northern side of the village. With the help of her relatives, the informant took her husband to the police station and lodged the report of the occurrence, whereupon a case crime no. 153/2003 under Sections 307 IPC and 7 Criminal Law Amendment Act was registered against the accused. The victim was taken to District Hospital, Pratapgarh, where the doctors declared him dead. After the death of the victim, the case was converted under Section 302 IPC. The Investigating Officer commenced the investigation. He recovered one empty cartridge from the spot vide recovery memo Ext. Ka 6. He prepared the site -plan Ext. Ka 7. Inquest on the dead body was also conducted, vide report Ext. Ka 9. The other police papers for conducting post -mortem examination, etc. were also prepared vide Exts. Ka 10 to Ka 16. After conclusion of the investigation, charge sheet Ext. Ka 8 was submitted against accused Achchay Lal and Radhey Shyam under Sections 302/120B IPC and 7 Criminal Law Amendment Act.
(3.) THE case was committed to the court of sessions. The Sessions Judge framed charges under Sections 302 and 120B IPC against the accused persons, to which they pleaded not guilty.;