- (1.) SHIV Shanker, J. This criminal appeal has been preferred against the judgment and order dated 28. 7. 2001 passed by Additional Sessions Judge, Bulandshahr in S. T. No. 887 of 1996, State v. Suresh under section 302 IPC and S. T. No. 889 of 1996, State v. Suresh under section 25/4, Arms Act, P. S. Khurja Nagar, district Bulandshahr, convicting the accused-appellant Suresh thereunder and sentencing him to life rigorous imprisonment and three years R. I. respectively. Both the sentences were ordered to run concurrently. Accused-appellant was also sentenced to pay a fine of Rs. 5,000/- and in default of payment of fine, he shall further undergo two years R. I.
(2.) BRIEF facts, arising out of this appeal, are that Devendra alias Bhondu (P. W. I) lodged a written report (Ext. Ka-1) at Police Station Kotwali Khurja Nagar (Bulandshahr) on 14. 5. 1996 alleging that the son of accused Suresh had fallen down from roof about twenty days ago. Shiv Kumar, brother of informant, had taken a taxi on hire of Rs. 100/- and brought the son of accused for treatment but the fare of Rs. 100/- was not given by him to the driver of the taxi. Therefore, on 14. 5. 2006 at about 9. 30 P. M. , Juganu, another brother of informant, had demanded the above Rs. 100/- from accused whereupon he abused him. However, he was saved by the informant and one Dwarika in front of the house of the informant. Thereafter, the accused rushed to his house and brought a Chhuri from his house and assaulted Juganu by saying I will kill you due to demand of above money of Rs. 100/ -. Consequently, he was attacked by the said Chhuri by him. Therefore, he sustained injuries on his person and had fallen down on the ground. Thereafter, the accused had run away to his house and closed the door of his house and after climbing upon the roof, he ran away. Juganu, in an injured condition, was taken by the complainant to the hospital but he succumbed to his injuries in the way. After leaving the dead body in the hospital, he got prepared the written report (Ext. Ka-1) from one Jogendra Singh and filed the same at the concerned police station upon which case under section 302 IPC was registered against accused Suresh. The investigation of the case was entrusted to S. H. O. Sri Pratap Bhanu Sharma (P. W. 9 ). On 14. 5. 1996, the inquest report regarding the dead body of deceased was prepared from 22. 45 hours to 1 hour. After sealing the dead body of deceased the same was entrusted to Constable 398 Satya Pal Singh and Constable 186 Mahendra Singh for autopsy. On 15. 5. 1996, at 3. 00 P. M. , the post mortem of the dead body was conducted by Dr. Anil Kumar (P. W. 4 ). Four ante mortem injuries as incised wounds, were found on the body of deceased, as mentioned in the post-mortem report (Ext Ka-6 ).
(3.) ON 17. 5. 1996, the accused was arrested by S. H. O. Sri P. B. Sharma (P. W. 9 ). At about 1. 30 A. M. near Nehrupur Chungi and one blood stained Chhuri was recovered from his possession. After inquiry, he disclosed that he had committed the murder of deceased by this Chhuri. Thereafter, the recovery memo was prepared and after sealing the same, the accused and recovered article were taken to the concerned police station where the case under section 25/4 Arms Act was also registered against the accused. After completion of investigation, charge sheets for the offence under section 302 IPC as well as under section 25/4, Arms Act were filed against the accused-appellant. After committal of the case by the concerned Magistrate to the Court of Sessions, charges for the offence under sections 302 IPC and 25/4 Arms Act were framed against the accused by the concerned Sessions Judge to which he pleaded not guilty and claimed to be tried.;