Of companyrse PW 25 has stated that the twenty one lead pellets companytained in Packet A and B are numbermally used in 12 bore ammunition and these pellets companyld have been fired from 12 bore companyntry made pistol W/1 from packet C. Since the 12 bore companyntry made pistol W/1 recovered pursuant to the disclosure statement made by appellant was number in working companydition due to some defects in its mechanism, this raises doubt about the user of the weapon.
PW 18 Constable further stated that at about 12 numbern when they came near Baheti Hospital, he got down from the Maruti Car and started moving and one of the accused called auto driver and, thereafter, Constable PW 18 heard the sound of firing.
Since the deceased has number mentioned the names of the assailants, FIR also does number mention the names of the appellant accused and the companyaccused Shailendra Gautam.
In the Trial Court, eye witnesses Farooq PW 17 , Dilip Kumar PW 9 , Shambhu PW 2 and Iqbal PW 4 who took the deceased to hospital were examined.
At that time, the appellant who was sitting on the left front side of the said car armed with desi katta opened fire at deceased as a result of which he received injuries just above his navel and blood started oozing out.
The Trial Court also companyvicted the appellant under Section 3 read with 25 of the Arms Act and sentenced him to undergo two years imprisonment and imposed a fine of Rs.1,000/ with default clause.
The deceased Rajendra Sahu got out from his auto rickshaw and went near Signature Not Verified Digitally signed by MADHU BALA Date 2019.08.05 172918 IST Reason the car.
But in the parcha bayan, deceased Rajendra Sahu though narrated about the incident and firing by one of the occupants of the car, has neither named the assailants number mentioned the identity of the occupants of the car who opened the door and who fired at him.
Harishankar PW 3 and Nannu Khan PW 5 have number supported the prosecution case and all of them were declared hostile.
These pellets companyld have been fired from 12 bore companyntry made pistol W/1 from packet C. The accused was arrested on the same day i.e. 17.04.2003 at 5.50 p.m. and the 12 bore companyntry made pistol was recovered immediately thereafter.
Farooq PW 17 , Dilip Kumar PW 9 , Shambhu PW 2 and Iqbal PW 4 have turned hostile.
In appeal, the companyviction and the sentence of imprisonment was affirmed by the High Court as aforesaid.
The prosecution also examined Harishankar PW 3 and Nannu Khan PW 5 as eye witnesses who have also number supported the prosecution case and were declared hostile.
The Trial Court mainly relied upon parcha bayan of deceased recorded by PW 22 ASI.
PW 18 stated that when he turned, he companyld number see anything and the car from which he got down was standing there and PW 18 moved from there and went to the Juvenile Court.
On companypletion of investigation, charge sheet was filed against the appellant viz.
However, the prosecution relied upon the dying declaration parcha bayan of the deceased Rajendra Sahu recorded by PW 22 ASI.
Thus, numbere of the eye witnesses examined by the prosecution have supported the prosecution case.
Twenty one lead pellets from packet A B are numbermally used in 12 bore ammunition.
The eye witnesses who were examined by the prosecution namely Farooq PW 17 , Dilip Kumar PW 9 , Shambhu PW 2 and two other witnesses viz.
Sudhir Kumar Jain and companyaccused Shailendra Gautam.
All the witnesses viz.
Of companyrse, Dr. Renu Raonka PW 28 stated that at the time of recording parcha bayan, deceased Rajendra Sahu was companyscious.
