ORDER :

(Rajiv Joshi, J.)

1. Upon a First Information Report being lodged on 19.5.2012 at 23.05 PM, Case Crime No.169 of 2012 was registered under sections 147, 148, 149, 302 and 506 of Indian Penal Code. After the matter went for trial it was numbered as Sessions Trial No.483 of 2012. Before the case was committed to trial the police had investigated the matter and had submitted charge sheets against three accused namely Sripal Singh son of Khachedu Singh, Jagat Singh son of Ratan Lal and Satish Nagar son of Shahmal. Since, during the investigation arms were recovered viz.-a-viz. Sripal and Jagat, two further charge sheets were submitted under section 25 of the Arms Act and they were numbered as Sessions Trial No.484 of 2012 and Sessions Trial No.485 of 2012. The trials of the three cases were undergone together with the Sessions Trial No.483 of 2012 being the leading case.

2. The case of the prosecution was that Suresh, the elder brother of the first informant Naresh had purchased 3-4 days back certain shops from Data Ram which were situate at Sutyana Bus Stand. Since the accused Sripal was also wanting to purchase the shops, the accused Sripal along with Satish Nagar and Jagat Singh had warned the deceased that if he purchased those shops, then they would kill him. On the day of occurrence in the morning also when the first informant Naresh along with the brother Suresh had gone to the bus stand then Sripal, Satish Nagar and Jagat had reached the shop and had said that despite the fact that they had warned him not to purchase the shops, he had purchased the shops and, therefore, they would teach him a lesson.

3. The prosecution case further is that the first informant and the deceased to avoid any kind of altercation after the warnings etc. had returned home. However, on the same date i.e. on 19.5.2012 at 9.30 PM when the first informant, the deceased Suresh and the third brother Pawan were going by their Scorpio Car No.UP16T0004 to get their vehicle fueled and when they had reached the Habibpur market gate, the accused Sripal in his Santro Car No.UP16W4011 overtook the Scorpio car and parked it in front of it and from the car the three accused Sripal, Jagat and Satish Nagar came out along with two other persons whose names the first informant was not knowing and fired indiscriminately on Suresh who was sitting on the driver's seat after breaking the windowpane. The first informant and his brother Pawan, to save their lives, got-off the scorpio car and ran away. Thereafter the assailants after having killed Suresh got into the Santro car and went towards Surajpur. The first informant and the other brother Pawan took the car of the owner of Pappu Hotel and took their elder brother to Kailash Hospital at night where Suresh was declared dead. It was the case of the prosecution that the first informant and his brother Pawan recognized the accused in the light of the street lights. The First Information Report was got written by the informant Naresh by one Lokendra Nagar. The First Information Report was numbered as Paper No.Ka-1. On the basis of the First Information Report, Case Crime No.169 of 2012 was got registered under sections 147, 148, 149, 302 and 506 I.P.C. The Chik FIR was numbered as Ka-15 and a corresponding entry was made in the General Diary as Entry No.46 at 23.05 PM. As a part of the investigation, inquest report was got prepared which was numbered as Exhibit-Ka-2 by the Investigating Officer B.R. Zaidi (PW-6). Thereafter the body was sent for post-mortem to the Chief Medical Officer. The Investigating Officer had also prepared a site map (Exhibit-Ka-7). During investigation, when it came to the knowledge of the Investigating Officer that Sripal and Jagat had hidden their pistols before they were arrested, then on the pointing of the accused, the pistols were recovered and the recovery memo was also prepared and exhibited as exhibit K-13. This recovery memo was got proved by PW-6, the Investigating Officer.

4. T