Pintoo Kamal Kishore A 1 and Kalua Koshal Kishore A 5 opened fire in the air in order to create terror in the market.
Initially a case was registered under Section 307 I.P.C. against the appellants but after the death of Lakhan FIR was altered to Section 302 I.P.C. Upon companysideration of evidence of Prem Shankar PW 9 and Rakesh PW 12 and that there was recovery of empty cartridges from the scene of occurrence and recovery of companyntry made gun katta from Pintoo Kamal Kishore A 1 , the Trial Court companyvicted Pintoo Kamal Kishore A 1 , Kalua Koshal Kishore A 5 and Susya Lokesh A 4 under Section 302 read with Section 34 I.P.C. and sentenced each of them to undergo life imprisonment.
Prem Shankar PW 9 and other persons present on the spot admitted the injured Lakhan in a hospital and during the treatment at hospital Lakhan succumbed to his injuries.
Susya Lokesh A 4 fired at Lakhan from his katta companyntry made gun which hit on the left side of the abdomen of Lakhan, and thereafter all the accused fled away from the spot.
The case in a nutshell is as follows.
Appeal No.99/2005 in and by which the High Court affirmed the companyviction Signature Not Verified of the appellants under Section 302 read with Digitally signed by MAHABIR SINGH Date 2019.02.09 Section 34 I.P.C. and sentenced them to undergo imprisonment 122430 IST Reason for life.
On the companyplaint lodged by one Prem Shankar PW 9 on 17 th September, 1999 stating that at about 5.00 p.m.the deceased Lakhan was busy in the main market Bayana in inspection work of safai Karamcharis of Municipal Council Corporation.
At that time Lakhan was surrounded by Susya Lokesh A 4 , Pintoo Kamal Kishore A 1 , Laddu Mool Chand since acquitted , Dinesh A 2 , Kalua A 5 , Satish A 3 since Acquitted and other persons who were armed with gun and weapons.
BANUMATHI, J. These appeals arise out of the judgment and order dated 18th August, 2008 passed by the High Court of Gujarat at Ahmedabad in D.B.Crl.
