Information was lodged with the police, investigation was undertaken and charge sheet was filed.
Accusations which led to the trial of the accused are essentially as follows Shri Sukh Dev alias Guddu hereinafter referred to as the deceased was real younger brother of the accused.
Accused pleaded innocence and false implication.
He graphically described the factual scenario.
During trial, father of the deceased and accused was the star witness as he claimed to be an eye witness.
705/2004 ARIJIT PASAYAT, J Leave granted.
Arising out of SLP Crl.
On 6.2.2000 at about 9.00 p.m. there was a quarrel between the deceased and the accused.
Placing reliance on his evidence, the trial companyrt found the accused guilty.
Cause of the quarrel was that the dogs of the accused had entered the kitchen room of the deceased and when the deceased had asked the accused to keep his dogs tied in the chains, verbal altercation took place and tempers flew, the accused went to his room, took out his gun and fired a gun shot at the deceased from a distance of about 35 feet, as a result of which pellets of the gun shot had pierced into the chest of the deceased.
