The distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, and the application of the reformative theory of punishment in sentencing.

JUDGMENT :

1. Heard Sri Abhishek Mayank, learned counsel for appellant and Sri Vikas Goswami, learned counsel for State.

2. This appeal has been preferred by the accused-appellant against the judgment and order dated 17.4.2018, passed by learned Additional Sessions Judge, Court No. 10, Aligarh in Sessions Trial No. 241 of 2016 (State of Uttar Pradesh Vs. Balveer Singh ) connected with Sessions Trial No. 242 of 2016 arising out of Crime No. 261 of 2015 connected with Crime No. 05 of 2016 convicting the accused – appellant under Sections 302 of Indian Penal Code, 1860 (in brevity 'IPC'), Police Station Dadon, District Aligarh and sentenced the accused-appellant to undergo imprisonment for life with fine of Rs.20,000/- and in case of default of payment of fine, further to undergo simple imprisonment for a period of six months.

3. The prosecution story in brief is as follows, that on getting the information, it was scribed by Rajendra Singh s/o Har Prasad, Ext.Ka- 1 written-complaint was submitted in police-station Dadon, District Aligarh by the complainant Itwari Singh s/o Neksey r/o Ramnagar P.S.-Ramnagar P.S.-Dadon District-Aligarh on 18.11.2015 wherein it was mentioned that “Today on 18.11.2015, my brother Kundan aged around 45 years was sitting at his home and Balveer Singh s/o Bhurey Singh, son of my father’s elder brother, was also present there. My brother had borrowed Rs.100/- from Balveer Singh, over the return of which, a dispute arose between Balveer Singh and Kundan. On hearing hue and cry, when my wife Smt. Manoj Devi and he came out of the room, Balveer Singh son of my father’s elder brother shot my brother Kundan in my presence and my wife at 9 p.m. and ran away. While running away, Balveer Singh took away the tamancha (country made gun) with him. On raising alarm by me, people from the surrounding area gathered there, who saw Balveer Singh running away. The information of the occurrence was conveyed on Number- 100. My brother’s dead body is lying at the spot. Please take appropriate action by lodging my report.”

4. On the basis of First Information Report, Itwri Singh’s and also written-complaint, case crime no. 261 of 2015 u/s 302 IPC against Balveer Singh was registered in police-station Dadon. Entry of the case was made in the concerned G.D. of the police-station. During the investigation, Ext.Ka-7 inquest-report was prepared by taking, the dead body of deceased Kundan in custody of police and dead body of the deceased was sent for post-mortem.

5. During the investigation, accused Balveer was arrested by Incharge of police-station Dadon on 13.01.2016 and on being frisked, one country-made pistol 315 bore and one live cartridge were recovered from Balveer.

6. During investigation, the investigator inspected the place of occurrence and prepared the site plan Ext. ka-11 & ka-14 and recorded the statements of the witnesses. After investigation, the investigator finding the prima facie case under section- 302 IPC & Section-25 Arms Act against the accused namely Balveer Singh submitted charge sheet Ext. ka-16 & ka-15 respectively in both cases.

7. On completion of investigation, charge-sheet u/s 302 I.P.C. against the accused was filed. The cognizance was taken on the charge-sheet by the concerned Magistrate and the case was committed to the court of session under section 302 of I.P.C.

8. On being summoned, the accused-appellant pleaded not guilty and wanted to be tried, hence, the trial commenced and the prosecution examined about 11 witnesses who are as follows: