- (1.) This appeal challenges the judgment and order dated 18.03.2009 passed by Sri Mahesh Nautiyal, Additional Sessions Judge /FTC, Court No.21, Bulandshahr, whereby the appellant has been found guilty for the offence punishable under sections 307/149, 148 and 120-B IPC and had been sentenced to undergo 10 years' R.I. with fine of Rs. 10,000/-, three years R.I. and 6 months R.I. respectively with default stipulation. All the sentences were directed to run concurrently .
(2.) Facts stated in brief are that on 18.10.1997 at about 8.20 P.M. Kanval Jeet Singh s/o Sardar Santosh Singh, r/o Burj Usman, P. S. Khurja Nagar, District Bulandshahr submitted a written report in P. S. Kotwali, Khurja Nagar stating that at about 8.00 P.M. on that day while his brother Harjeet Singh @ Titu, Senior Vice President, Nagar Palika Parishad, Khurja was returning home he was surrounded by four persons near Ahirpada on Subhash road. One of them was having knife and three others were armed with country made pistols and in order to kill him they assaulted and seriously injured his brother Titu. The people had taken him to the hospital. The report further stated that this incident was witnessed by Mahesh Chandra Gupta s/o Mohan Lal, Rajvir Singh s/o Girdhari Lal and several others in electric light and they can recognize the assailants. Injured Harjeet Singh @ Titu was medically examined by Dr. Ashok Kumar Jain in Malkhan Singh District Hospital, Aligarh on the same night at 9.45 P.M. and he found the following injuries on his person: 1. Multiple fire arm wound of entry on left side chest in area of 15 cm x 9 cm above left nipple, average size 0.3 cm x 0.3 cm. depth s/c to cavity deep - under observation. 2. Lacerated wound 5 cm x 0.5 muscle deep on top of left shoulder. 3. Fire arm wound of entry with exit in crease between left thumb and left index finger size 4 cm x 1 cm. bone deep, blackening present. 4. Multiple fire arm wound of entry on palmer surface of right hand and right wrist - average size 0.3 cm x 0.3 cm x s/c to open deep - under observation. 5. Incised wound 3 cm x 1 cm x muscle deep in middle and outer part of left side neck. 6. Fire arm wound of entry 2.5 cm x 2 cm x depth under observation on upper and medial end of left scapula. 7. Black eye on left lower eyelid 2.5 cm x 1 cm. In the opinion of the doctor injuries were fresh, injury nos. 1, 3, 4 and 6 were caused by fire-arm, injury no. 2 and 7 by blunt object and injury no. 5 was caused by some sharp edged object. Injuries no. 2, 5 and 7 were simple and rest were kept under observation with advise of x-ray. On the basis of written report of the complainant, case at crime no. 405/97, under section 307 I.P.C. was registered against unknown accused, investigation whereof was entrusted to S.I. S. P. Singh. He interrogated the complainant, inspected the spot at his instance and prepared site plan Ex. Ka-6. The complainant in his 2nd interrogation on 22.10.1997 disclosed the names of accused Raj Kumar, Arvind Sharma, Anwar and Jogendra in the case. Accused were searched but they could not be found on 26.10.1997. He interrogated witness Rajvir Singh and on 14.11.1997 statement of Mahesh Gupta was recorded. During investigation complicity of accused Sanjay, Jai Prakash and Rishi Pal was also revealed, therefore, sections 147, 148, 149 IPC were added in the crime-investigation. On 12.12.1997 police custody remand of accused Raj Kumar was taken, who got a country made pistol and a knife recovered. A knife was also recovered at the instance of accused Arvind. After completion of the investigation charge-sheet against accused Raj Kumar, Anwar, Arvind, Jogendra and Smt. Madhu Sharma was filed in the court.
(3.) During committal proceedings, accused Anwar and Smt. Madhu Sharma had died, so the proceedings stood abated against them. Charges for the offence punishable under sections 147, 148, 120-B and 307 read with section 149 IPC were framed against accused Jogendra, Raj Kumar and Arvind. However, case of accused Arvind was separated by the trial court. The accused abjured their guilt and claimed trial.;