ARVIND K.TRIPATHI, J. - (1.) SHRI Raghvendra Dwivedi,Learned Advocated appeared on behalf of the appellant, Shri Mahendra Singh Yadav, learned counsel appeared on behalf of the State.
(2.) WE have heard learned counsel for the parties and the judgement was reserved on 18.4.2015.
(3.) THE present Criminal Appeal has been filed against the impugned judgement and order of conviction dated 21.12.2010 passed by learned Additional District Judge, court no.12, Aligarh, convicting and sentencing the appellant Neetu Singh under section 302 I.P.C. for life imprisonment with fine of Rs.10,000/ - and further convicted and sentenced under section 25/27 Arms Act for three years R.I. with fine of Rs.2000/ - and in default of payment of fine further to undergo for three months in each count respectively. However, learned trial court directed that both the sentences would run concurrently in S.T.No.406 of 2009 under section 302 I.P.C. and in S.T.No.407/2009 under section 25/27 Arms Act which was decided by a common order. The brief fact of the prosecution case is that the first informant Yogesh Kumar s/o Manvir Singh r/o Barthouli, PS.Atrauli, District Aligarh lodged a written report Ext.Ka.1 on 8.12.2008 which was registered as Case Crime No.892/2008 at 12.25 P.M. As per averments made in the First Information Report on 7.12.2008 there was marriage of Sarita, daughter of his uncle and Barat came from the village Dangarh, PS.Chhatari, District Bulandshar. In the morning on 8.12.2008, there was bidai of Barat. However, Neetu Singh appellant s/o Manvir Singh, r/o Rahmapur, District Bulandshahr was roaming in the village with licensee double barrel gun of his father -in -law Rameshwar Singh, r/o village Dangarh, PS.Hajari District Bulandshahr. At about 11.45 A.M. near the public tap which was near the Ved Mandir. Several ladies were passing through near public tap. Neetu Singh made filthy remarks when Devpal alias Bantu who went there for taking bath at the public tap objected, then Neetu Singh who was having gun in his hand fired with close range upon Devpal alias Bantu, due to that Devpal received serious injuries. Immediately the persons of the village took him to the hospital, Atrauli by private vehicle. However, he succumbed to injuries. The body was lying in the hospital.;