JUDGEMENT
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(1.)Heard learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.
(2.)Under challenge in this appeal is the judgment and order dated 21.1.2009 passed by Special Judge, Mathura
in Sessions Trial No. 558 of 2006, arising out of Case Crime No. 215 of 2006, Police Station Highway, District Mathura whereby appellant Uday Singh Gujar was convicted for the offence under Section 302 I.P.C. and also under Section 30 of the Arms Act. For offence under Section 302 I.P.C., he was sentenced with imprisonment for life and also with fine of Rs. 10,000/- with default stipulation of one year additional imprisonment. For the offence under Section 30 of the Arms Act, he was sentenced with imprisonment for a period of six month. Both the sentences were directed to run concurrently.
(3.)Abridged facts, necessary for disposal of the instant appeal, are that on 16.7.2006 at 6:40 a.m. complainant Baldev Prasad, who happens to be father of deceased Sanjeev Kumar alias Banti lodged an F.I.R. alleging therein that on 15.7.2006, he, along with his son Sanjeev Kumar alias Banti, had gone to the house of his younger brother Ghanshyam Das in connection with the celebration of birth of grandson of his brother. At about 7:30 p.m. appellant Uday Singh Gujar alias Fauji, who happens to be the neighbour of the complainant, also reached there armed with his DBBL licensed gun. It was alleged in the F.I.R. that he demanded some money in extortion (Chauth) from Banti. His son replied that what for he should make payment and you are a Goonda. This provoked appellant Uday Singh Gujar and he fired with his double barrel gun on the deceased which hit on his neck. The complainant immediately took his son to Methodist Hospital, Mathura where the doctor declared the case to be hopeless and advised to take his son to Delhi. Thereafter the complainant took his son to Escort Hospital Faridabad where the doctor again declared the case to be hopeless and Banti was taken to Appollo Hospital, Delhi, where he was declared to be dead. Thereafter the complainant brought the dead body of his son to his house at about 5:00 a.m. in the morning. The incident is alleged to have been witnessed by Ghanshyam, Ashok Kumar, Rakesh Kumar and Vishnu Dutt. Thereafter the complainant went to lodge the F.I.R. of this case.
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