- (1.) Appellant, who is in custody for the last six years, has preferred this appeal challenging his conviction and sentence for commission of an offence under Sections 302 of the Indian Penal Code, 1860 (IPC for short) and 25 of the Arms Act, 1959 (the 'Arms Act' for short), as ordered by the trial Court vide judgment/ order dated 19.12.2007/ 21.12.2007.
(2.) Prosecution case was set in motion on the basis of the statement of complainant Narayan Singh. In his statement before Assistant Sub Inspector Girdhari Lal, complainant stated that his brother Gopi Chand was living alone. Durga, wife of Gopi Chand, was residing with her sons Mritunjay and Daya Nand. Some domestic dispute was pending between his brother and his family members for quite some time. On 6.3.2006 at about 2.30/ 3 pm, he was informed by Ved Parkash that Mritunjay had fired a shot at Gopi Chand. He reached the spot and saw that Gopi Chand was lying dead. Many persons had gathered at the spot. Mritunjay was armed with a country made pistol and he fled away from the spot on a scooter. Daya Nand also fled away from the spot. His nephew Mritunjay had murdered Gopi Chand with the help of his country made pistol.
(3.) On the basis of the statement of the complainant, formal FIR No. 109 was registered on 6.3.2006 at police station Sohna District Gurgaon under Section 302 IPC and 25 of the Arms Act. Assistant Sub Inspector Girdhari Lal reached the spot and got the place of occurrence photographed. He took in possession one country made pistol .315 bore from the spot. He un-loaded the same and took in possession one empty cartridge from the pistol. He lifted one empty cartridge and one live cartridge from the spot. He also lifted blood stained earth from the spot. He prepared rough site plan qua the place of occurrence. He prepared inquest report qua the dead body of Gopi Chand and sent the same to Civil Hospital Sohana for postmortem examination.;