Court No. - 47

Case :- CRIMINAL APPEAL No. - 7272 of 2018

Appellant :- Alwar Singh

Respondent :- State of U.P.

Counsel for Appellant :- Ajay Kumar Pandey,Sheshadri Trivedi,Swati

Agrawal Srivastava,Sr. Advocate

Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

1.

This criminal appeal is by the accused-appellant Alwar Singh against

the judgment and order dated 3^rd November, 2018 passed by the Additional

District & Sessions Judge, Court-II, Hapur in Sessions Trial No. 402 of

2015 (State Vs. Alwar Singh), arising out of Crime No. 61 of 2015 under

Sections 302/34 and 307/34 I.P.C., Police Station-Simbhwali, District

Hapur and Sessions Trial No. 403 of 2015 (State Vs. Alwar Singh), arising

out of Crime No. 62 of 2015 under Sections 27/30 Arms Act, Police

Station-Simbhawali, District Hapur whereby the accused-appellant has

been convicted and sentenced to undergo life imprisonment for the offence

under Section 302 I.P.C. with a fine of Rs. 10,000/-, in default thereof to

further undergo two months additional simple imprisonment; seven years

rigorous imprisonment for the offence under Section 307 I.P.C. with fine of

Rs. 5,000/- and in default thereof to further undergo one month additional

simple imprisonment; and six months simple imprisonment for the offence

under Section 30 of Arms Act, with an observation that all the sentences

are to run concurrently.

2.

We have heard Mr. Ajay Kumar Pandey, learned counsel for the

accused-appellant and Kumari Meena, learned A.G.A. for the State and

also perused the entire materials available on record.

3.

The prosecution case proceeds on a written report (Exhibit-ka/1)

scribed by Amar Singh Rana (not produced) of the informant (P.W.-1), who

has stated that in front of his house children were playing on Holi, who

threw/poured colours on the accused-appellant Alwar Singh. The accused-

appellant allegedly started beating the children and he was objected to by

his son Gaurav @ Monu (deceased) and his brother Chandrakant @ Sonu

(P.W.-2)/injured witness. However, the accused-appellant started abusing

and extended threats to them. Persons who gathered on the spot tried to

resolve the differences. This incident occurred at 12:30 p.m. (noon). On

account of the aforesaid incident, at about 05:30 p.m. in evening, when his

son was standing outside the house, the accused-appellant came armed

with his licensed firearm along with Amrik and Babu who too had firearms

with them and started abusing his son. The accused-appellant then

exhorted that let none from the informant be spared, whereafter those

three accused fired on Gaurav @ Monu and his brother Chandrakant @

Sonu (P.W.-2) due to which his son Garauv @ Monu got seriously injured.

This incident is alleged to have been seen by Sattish son of Ishwar (P.W.-

3). While taking the injured to the hospital Gaurav @ Monu died. P.W.-2

Chandrakant @ Sonu has been admitted in I.C.U. at Anand Hospital,

Meerut and is struggling. On the basis of aforesaid report, the first

information report has been registered as Case Crime No. 61 of 2015,

under Sections 302 and 307 I.P.C. at Police Station Simbhawali, District

Hapur.

4.

Pursuant to the above first information report, the investigation

proceeded and the Police recovered plain and blood stained earth from the

place of occurrence. Five empty cartridges of 32 bore on the base of which

K.F. 7 was written, was also recovered and sealed. The licensed pistol was

also recovered from accused-appellant Alwar after his arrest on 7^th March,

2015 by the Police and a subsequent first information report under the

provisions of Arms Act was registered at 10.35 a.m. on 7^th March, 2015 as

case Crime No. 62 of 2015. The investigation proceeded with recording of

statements of witnesses under Section 161 Cr.P.C. and ultimately two

separate charge-sheets were submitted by the Police against the accused-

appellant Alwar Singh. Two other accu