2009 Supreme(All) 2763

[2009(7) ADJ 31 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : (MRS.) SAROJ BALA, J.
RAM PARVESH @ PAKORI .....Appellant (In Jail)
Versus
STATE OF U.P. .....Opposite Party
(Criminal Appeal No. 4679 of 2006, decided on 31st July, 2009)

Headnote:(A) (Indian) Penal Code, 1860—Section 307—Arms Act, 1959—Sections 3 and 25—Evidence Act, 1872—Sections 32 and 6—Murder—Conviction and sentence—Sustainability of—Incident occurred in a sudden moment—Injured died subsequently—Statement recorded under Section 32 of Act—Relevancy of—Statement made by injured/deceased shortly after sustaining injuries is admissible in evidence under Section 6 of Act—Besides statement of injured there is testimony of witness—No previous enmities between parties—Appellant opened fire in a heated moment—He is physically challenged person—No criminal history—Reduction of sentence from ten years to five years justified.

       (B) Evidence Act, 1872—Section 6—Evidence—Facts forming part of same transaction—Relevance of—Statement of injured or accused or by-standers—At beating or so shortly before or after it as to form part of same transaction a relevant fact. Appeal Partly Allowed.