- (1.) By way of instant Criminal Appeal, accused-appellant Jitendra Singh Gangwar @ Nanku son of Babu Ram Gangwar resident of Kanasi, Police Station Nawabganj, District Farrukhabad, has challenged the judgment and order of conviction dated 21.08.2009 passed by the Special Judge (SC/ST Act), Farrukhabad, in Special Sessions Trial No. 20 of 1997 arising out of Case Crime No. 02 of 1997 under section 302 I.P.C., Police Station Nawabganj, District Farrukhabad, whereby the appellant has been sentenced to life imprisonment coupled with fine Rs.10,000/-. The half of amount of fine shall be paid to the successor of the deceased Vijay Singh @ Vijendra.
(2.) Heard Sri Arun Kumar Shukla Advocate assisted by Sri Anvir Singh, learned counsel for the appellant, Sri J.K. Upadhyay learned AGA for the State and also perused the record.
(3.) The brief facts giving rise to this appeal as unfolded from the record indicate that the first informant Satya Prakash son of Dafedar resident of Kanasi, Police Station Nawabganj, District Farrukhabad, lodged written report on 03.01.1997 at 6.20 P.M. at Police Station Nawabganj, alleging therein that the appellant Jitendra Singh @ Nandu son of Babu Ram Gangwar resident of Kanasi, Police Station Nawabganj, District Farrukhabad, was insisting 3-4 days prior to the incident (in question), that informant's brother Vijay Singh should accompany him to Delhi with him. On refusal to go to Delhi, he (accused) objected. On 03.01.1997 at about 5.00 P.M., Jintendra Singh climbed on his roof and from where, he used vituperative language and threatened to life, whereupon informant's brother came out of his house and reached in front of Jitendra Singh's house in the street, when Jitendra Singh possessing country made pistol fired on his brother, which fire hit Vijai Singh in stomach of his brother due to which he fell down on the ground. In the meanwhile, informant's elder brother Ram Prakash, his Bhabhi-Sajeevan, Bhagyawati and a number of other villagers arrived on the spot. They challenged the appellant whereupon the appellant secured his escape good possessing country made pistol in his hand. First informant took his injured brother to the police station. Report be lodged and appropriate action be taken. This written report is Ext. Ka-1.;