SHAILENDRA KUMAR AGRAWAL,J. - (1.)This criminal appeal has been preferred against the judgment and order dated 02.12.2004, passed by Sessions Judge, Baghpat, in Session Trial No. 172/2004 (State Vs. Pappu) under Sec. 302 I.P.C. PS-Baghpat, District-Baghpat, by which the appellant Pappu was convicted and sentenced for life imprisonment under Sec. 302 I.P.C. Appellant was however, acquitted under Sec. 307 I.P.C. by the same judgment.
(2.)Brief facts of the case are that the informant Vijay Pal, father of deceased Aman, got report Ex. Ka1 scribed by one Jagdhir Singh alleging that he used to manufacture jaggery on kolhu. Payment of jaggery was overdue to Pappu and Shaukeen, accused persons in this case. His son Aman used to demand such amount from accused persons, due to which they developed grudge with him. On 13.7.2000 at about 10:30 a.m. his younger son Gopal and his brother Ram Das were standing in-front of tube well room and his deceased son Aman went into that room to fetch spade. Suddenly accused persons armed with country made pistols intimidated Aman saying "lkys rw jkst&jkst iSls ekaxrk gS] vkt rsjk fglkc dj nsrk gwa", Appellant Pappu then shot Aman and appellant Shaukeen also fired with the intention to murder his son Gopal and his brother Ram Das but they escaped narrowly. On the cry of his son and brother, accused persons ran away waving country made pistol. Many villagers also gathered there. They took injured Aman to the Government Hospital, Baghpat and then to Safdarjung Hospital, Delhi, but Aman died on the way. The dead body of Aman was brought in a maruti van to police station. On this written report Ex. Ka1, a Chik F.I.R. Ex. Ka11 was prepared in crime no. 429/2000, under Sec. 307, 302 I.P.C., at 2:00 p.m. at PS-Baghpat, District-Baghpat, and G.D. no.37 Ex. Ka12 dated 13.7.2000 was prepared accordingly.
(3.)Investigation was entrusted to S.I. Suresh Chandra Gangwar(P.W.5). He prepared inquest report Ex. Ka3 and also prepared other documents like letter to C.M.O. Ex. Ka4, Challan Nash Ex. Ka5 and Photo Nash Ex. Ka6. Investigating Officer also prepared a site plan Ex. Ka7. He also took samples blood stained and simple earth from the spot and prepared a fard Ex. Ka8 in presence of witnesses Jawahar Singh and Jitendra. On 15.7.2000 the accused Shaukeen was arrested with country made pistol. Police also recovered a country made pistol (12 Bore) at the instance of accused Pappu and prepared a fard and site plan Ex. Ka10 regarding recovery of that pistol. Investigation culminated into filing of the charge-sheet Ex. Ka9 under Sec. 307/302 I.P.C.