SHIV BABU Vs. STATE OF U.P.
LAWS(ALL)-2019-2-218
HIGH COURT OF ALLAHABAD
Decided on
February 20,2019
SHIV BABU
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
NAMDEO VS. STATE OF MAHARASHTRA [REFERRED TO]STATE OF U.P. VS. KISHANPAL [REFERRED TO]
SONELAL VS. STATE OF M.P. [REFERRED TO]
ANIL RAI VS. STATE OF BIHAR [REFERRED TO]
STATE OF UTTAR PRADESH VS. JAGDEO [REFERRED TO]
HARBANS KAUR VS. STATE OF HARYANA [REFERRED TO]
BUR SINGH VS. STATE OF PUNJAB [REFERRED TO]
DHARNIDHAR VS. STATE OF U P [REFERRED TO]
BHAGALOO LODH VS. STATE OF U P [REFERRED TO]
DAHARI VS. STATE OF U.P [REFERRED TO]
RAJU @ BALACHANDRAN VS. STATE OF TAMIL NADU [REFERRED TO]
GANGABHAVANI VS. RAYAPATI VENKAT REDDY [REFERRED TO]
JODHAN VS. STATE OF M P [REFERRED TO]
SUDHAKAR @ SUDHARASAN VS. STATE [REFERRED TO]
GANAPATHI & ANR. VS. STATE OF TAMIL NADU [REFERRED TO]
JUDGEMENT
PRITINKER DIWAKER,J. -
(1.)This appeal arises out of impugned judgement and order dated 16.11.2005 passed by the Additional Sessions Judge / Fast Track Court No.1, Chitrakoot in Sessions Trial No. 50 of 2002, convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and a fine of Rs. 5,000/-, in default thereof, to further undergo six months' additional imprisonment.
(2.)Brief facts of the case are that there exists an old enmity between the deceased family and that of the accused, number of criminal cases were registered against each other on different reports lodged by them. On 29.11.2001, deceased (Chandrika) and his brother (PW-1) Nankoo had gone to the house of Ram Milan Chamar for sharpening an agricultural weapon, commonly known as gandasa, and as Ram Milan Chamar was not present, they decided to wait there. While they were waiting for Ram Milan Chamar, at 10:30 am, accused appellant reached there carrying 12 bore gun and after seeing the deceased (Chandrika), he fired two gunshot injuries to him, resulting his instantaneous death. FIR Ex. Ka.16 was lodged on the same day, i.e. 29.11.2001 at 12:55 in the afternoon by (PW-1) Nankoo (brother of the deceased) against the appellant under Section 302 of IPC. The distance between the place of occurrence and the police station is 9 kms.
(3.)Inquest on the dead body of the deceased was conducted vide Ex. Ka.4 on 29.11.2001 and the body was sent for postmortem, which was conducted on the same day by (PW-3) Dr. A.K. Mohan vide Ex. Ka.2.
(2.)Brief facts of the case are that there exists an old enmity between the deceased family and that of the accused, number of criminal cases were registered against each other on different reports lodged by them. On 29.11.2001, deceased (Chandrika) and his brother (PW-1) Nankoo had gone to the house of Ram Milan Chamar for sharpening an agricultural weapon, commonly known as gandasa, and as Ram Milan Chamar was not present, they decided to wait there. While they were waiting for Ram Milan Chamar, at 10:30 am, accused appellant reached there carrying 12 bore gun and after seeing the deceased (Chandrika), he fired two gunshot injuries to him, resulting his instantaneous death. FIR Ex. Ka.16 was lodged on the same day, i.e. 29.11.2001 at 12:55 in the afternoon by (PW-1) Nankoo (brother of the deceased) against the appellant under Section 302 of IPC. The distance between the place of occurrence and the police station is 9 kms.
(3.)Inquest on the dead body of the deceased was conducted vide Ex. Ka.4 on 29.11.2001 and the body was sent for postmortem, which was conducted on the same day by (PW-3) Dr. A.K. Mohan vide Ex. Ka.2.
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