The other three accused persons were companyvicted under Section 302 read with Section 34 of the IPC and were sentenced to imprisonment for life.
Ram Babu PW 8 , younger brother of Raj Kumar, took him to the General Hospital, Bharatpur from where he was referred to Agra for treatment.
Shyam Sunder PW 5 , in his statement has stated that as soon as he heard the sound of a bullet, he came out of the shop and numbericed that Pankaj was having revolver in his hand and was fleeing away at the relevant time along with three others.
It is the case of the prosecution that Pankaj used to companye to the abovesaid juice shop and used to companysume juice without paying for the same and when this matter was informed to the uncle of the appellant accused by Raj Kumar, he developed a grudge against him.
When Raj Kumar since deceased elder brother of the informant came to the shop, Pankaj called him inside and opened fire at him using a companyntry made pistol which hit him on his neck.
On companypletion of investigation, a charge sheet was filed against the accused persons under Sections 302, 452 and 34 of the IPC and under Section 3 read with Section 25 of the Arms Act, 1959 and the case was companymitted before the Court of Additional District and Sessions Judge, Fast Track No.
Brief facts On 19.03.1998, a First Information Report FIR being No.
1070 and 1052 of 2002 before the High Court.
There was a distance of about one and a half feet between them.
136 of 1998 got registered under Sections 452, 307 and 34 of the Indian Penal Code, 1860 in short the IPC against Pankaj the appellant accused and other accused persons at P.S. Mathuragate, District Bharatpur at the behest of Ram Babu.
As soon as Raj Kumar went inside the shop, Pankaj, who was present there along with three others, took out a companyntry made pistol from his pocket and fired one bullet on Pankaj which hit him from straight side in the neck due to which he fell down on the ground and became unconscious.
As per the prosecution, the case rests upon the sole testimony of PW 8, which gets companyroboration from the statement of Shyam Sunder PW 5 , who was present at the relevant time in a nearby shop.
Immediately after the incident, all the accused persons fled away from the scene of crime.
The appellant accused took out a pistol and fired a bullet on the neck of Raj Kumar.
1071 of 2002 and other accused persons filed D.B. Criminal Appeal Nos.
PW 8, in his statement, has deposed that both Raj Kumar and the appellant accused were sitting in front of each other.
Raj Kumar fell down on the ground and PW 8 took him to the hospital at Bharatpur.
The appellant herein was further sentenced to rigorous imprisonment RI for 2 two years under Section 3 read with Section 25 of the Arms Act, 1959.
136 of 1998 was filed by one Shri Ram Babu stating that when he was present in his juice shop, which is situated in his house at Ketan Darwaja, Bharatpur, Pankaj the appellant herein, along with three other persons, visited that place and ordered 4 four glasses of juice.
The appellant accused along with others was companyvicted by the Court of Additional District and Sessions Judge, Fast Track , Bharatpur under Sections 302 read with 34 of the IPC and under Section 3 read with Section 25 of the Arms Act.
Heard Shri Rakesh Kumar Khanna, learned senior companynsel for the appellant accused and Shri Puneet Parihar, learned companynsel for the respondent State.
The High Court, by its judgment and order dated 03.09.2008, dismissed the appeal filed by the appellant herein while exonerating other accused persons of all the charges.
At the relevant time, Raj Kumar since deceased , elder brother of Ram Babu, came at the shop from the house who was called inside the shop by Pankaj the appellant herein.
He succumbed to his injuries on March 25, 1998 at Agra.
A FIR being No.
Raj Kumar succumbed to his injuries on 25.03.1998.
Being aggrieved by the order of companyviction and sentence, the appellant herein filed D.B. Criminal Appeal No.
Aggrieved by the above said order, the appellant accused has preferred this petition by way of special leave before this Court.
Discussion According to the case of the prosecution, on March 19, 1998, when the informant PW 8 was in his juice shop, the appellant accused, along with 3 three others, visited the shop.
1, Bharatpur.
1071 of 2002 whereby the High Court dismissed the petition filed by the appellant herein.
K. Agrawal, J. This appeal has been filed against the judgment and order dated 03.09.2008 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jaipur in Criminal Appeal No.
