Pankaj Naqvi - (1.) This criminal appeal arises out of the judgment and order dated 4.6.2004, passed by the Addl. Sessions Judge, Shahjahanpur in S.T. Nos.715/ & 716, of 2003, convicting / sentencing appellant no. 1 under Section 302 IPC to life and appellant no. 2 under Section 323 IPC to 3 & 1/2 months R.I. The prosecution case was set into motion by P.W.-1 / the informant with a written report dated 13.10.2002 (Ext. Ka-1), comprised in two parts. The first part alleged that in the earlier part of the day, a verbal dual and an assault had taken place between his younger brother Ram Niwas (victim), and accused Vijay Kumar Gupta and his father Muneshwar Dayal Gupta over monetary transactions. The second part alleged that on the same day at about 6.00 PM while the victim was returning from the market to his house, reached near the alley in front of the house of accused Vijay Kumar Gupta, who was armed with country-made pistol along with his father Muneshwar Dayal Gupta with SBBL gun (licensed), latter started assaulting the victim, with his gun from the butt side, victim shouted, over which accused Vijay Kumar Gupta, fired at the victim, who sustained injuries. The occurrence attracted the arrival of Vikesh Gupta, Kamlesh Kumar. P.W.-1 (informant) along with other residents of the area exhorted the accused who fled away from the scene. The injured was rushed to the hospital but died en-route.
(2.) On above allegations, an FIR as Case Crime No.343/2002 was initially registered against accused Vijay Kumar Gupta and Muneshwar Dayal under Section 304 IPC on 15.10.2002 at 7.30 AM at the police station, at a distance of 2 kms.
(3.) P.W.-3 / the Investigating Officer after reaching the scene, carried out investigational formalities including preparation of the site plan including recovery of the empty cartridge (315 bore) in his presence along with other witnesses, and that of empty (315 bore) as Ext. Ka-9. He effected the arrest of both the accused and at their pointing out, recovered the offending weapons from their custody, prepared memo (Ext. Ka-10), authenticated under his signatures, a copy of which was also furnished to the accused after obtaining their signatures. On the recovery of the incriminating arms on 15.10.2002 at 7.30 AM, an FIR (Ext. Ka-18), under Section 25 of the Arms Act also came to be registered against Vijay Kumar Gupta.;