The conviction under Sections 302 IPC and Arms Act was upheld based on corroborative evidence and the significance of prompt FIR lodging, affirming established motive and forensic linkage.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant Criminal Appeal has been preferred by the accused-appellant-Mahesh @ Munna Yadav against a judgment and order dated 27.06.2016 passed by learned Additional District and Sessions Judge, Varanasi in Sessions Trial No. 391 of 2014 arising out of Case Crime No. 101 of 2014, under Section 302/34 I.P.C. and 27/30 Arms Act, Police Station Bhelupur, district Varanasi, convicting and sentencing the appellant as under:-

(a) Imprisonment for life and fine of Rs. 15,000/- for the offence under Section 302 I.P.C. and in default of payment of fine, two years additional imprisonment.

(b) Imprisonment for three years and fine of Rs. 1,000/- for the offence under Section 27 Arms Act and in default of payment of fine, three months' additional imprisonment.

(c) Imprisonment for six months for the offence under Section 30 Arms Act.

All the sentences were ordered to run concurrently.

2. By the same judgment and order, the learned Judge acquitted co-accused Hari Shankar @ Yadavji and Sohan Yadav from the charges levelled against them.

Brief Facts

3. In nutshell, the case of the prosecution is that a written report was filed by Manoj Kumar Yadav, son of Bhola Yadav, resident of B-38/62 Mahmurganj, Varanasi stating inter-alia that on 16.03.2014, his father namely Bhola Yadav along with his brother Mahesh Yadav @ Munna, Hari Shankar @ Yadav, Sohan Yadav and Vinod Kumar came at the door of his house and started abusing his father over a dispute of land. When his father resisted them, Sohan Yadav and Hari Shankar @ Yadav have exhorted to assault him. On their exhortation, Munna Yadav has resorted to indiscriminate firing from his pistol. When Vinod Yadav came to intervene, his father Bhola Yadav and Vinod Yadav have received firearm shot. After receiving firearm injuries, his father and Vinod Yadav fell down, whereas, accused Munna Yadav, Hari Shankar and Sohan ran away from the place of incident. It is also stated that he, his mother and his sister witnessed the incident from a window. After the arrival of police, they were immediately taken to the hospital and during the treatment, they have died. The said written report of the incident was sent to the Police Station, which was marked as Ext.Ka.1.

4. On the basis of aforesaid written report, the First Information Report was lodged at Case Crime No. 101 of 2014, under Section 302 I.P.C., Police Station Bhelupur, District Varanasi on 17.03.2014 at 00:45 AM, which was marked as Ext.Ka.4.

5. After registration of the aforesaid case, the law set into motion and investigation of the aforesaid case has started.

6. After culmination of investigation, the investigating officer has submitted charge-sheet no. 70 of 2014 on 26.05.2014, which was marked as Ext.Ka.12.

7. As the case was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions, where case was registered as Sessions Trial No. 391 of 2014. Learned Sessions Judge, Varanasi vide order dated 05.08.2014 framed charges against the accused appellant for the offence under Section 302 read with Section 34 I.P.C. and Sections 27/30 Arms Act, which were read over and explained to the accused-appellant, who pleaded not guilty and claimed to be tried.

8. To bring home the guilt of the accused-appellant beyond the hilt, the prosecution has examined as many as nine prosecution witnesses, out of whom Manoj Kumar Yadav (PW-1/informant), Meera Yadav (PW-2), Chavi Yadav (PW-3) are witnesses of fact, whereas, Dr. S.B.S. Kushwaha (PW-4), Dr. Govi