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(3) The Crime Team was also called to the spot who reached the spot and inspected the same and also photographed the scene of crime. The Maruti Esteem bearing No. DL9CB0129 belonging to deceased was also inspected by the Investigating Officer after the inspection by the Crime Team. Thereafter various exhibits were lifted from the spot of incident and were taken into possession. The Esteem Car and the Maruti Omni Van were also taken into possession. The accused Sandeep @ Sonu who was in the custody of HC Devender, was then interrogated by the Investigating Officer and thereafter the accused was arrested in the present case. From the personal search of accused one licence of Arms was also recovered which was taken into possession vide a separate seizure memo. The licensed revolver of the accused was checked and was found to be containing three live cartridges and one empty cartridge after which the sketch of the revolver was prepared and thereafter the cartridges and the revolver were seized."

8. We have heard the learned counsel for the parties and perused the impugned judgment and the evidence available on record. We have already noticed that Mr.Sharma had only pressed the appeal on the point of the offence and being covered under Section 304 Part II IPC and not Section 304 Part I IPC.

9. Even otherwise, we deem it appropriate to examine the evidence on record to find whether the order of conviction has been rightly arrived at. The prime witness, who was herself injured in the incident, is Nisha Verma (PW-5) being the friend of the deceased. She has categorically deposed that on 20.08.2011 at about 3 PM, she along with the deceased went to Nimri Commercial Complex in his Esteem Car. A Wine Shop is situated inside the complex and one Maruti Omni, Radio Taxi of white colour was also stationed there, inside which two persons were sitting. The person sitting on the passenger seat (appellant herein) looked at her with bad intentions and passed obscene comments. The deceased objected leading to the appellant abusing the deceased, which was ignored by the deceased and he went inside the Wine Shop and brought a can of beer and sat inside the car. At the same time, the appellant came near the Esteem Car and hit the bonnet and then came near the driving seat and started banging the driving seat glass while hurling abuses. The deceased brought down the glass and tried to pacify the appellant, while PW-5 attempted to put her hand on the mouth of the deceased to stop the conversation. The appellant, who was having a revolver, pointed the revolver on the nose of the deceased and fired. The index finger of the right hand of PW-5 also received an injury as it was on the mouth of the deceased. During cross-examination, PW-5 was confronted with her statement to the police where she did not mention the appellant as having passed lewd comments and only mentioned that the appellant was continuously staring at her.

11. Vinod Kumar (PW-22), driver of the Cash Van, also deposed similarly about the incident, he deposed that the deceased came and asked the appellant as to why he was looking towards his car, which led to exchange of hot words. The matter was pacified by the intervention of PW-22. Thereafter, the deceased went to the Wine Shop and brought two beer cans and went towards his Esteem Car while staring towards the appellant. The appellant was continuously staring towards the girl sitting in the Esteem Car and saying "kitna badiya maal hai". The deceased advised the appellant not to do such things and went and sat in his car. The appellant then went to the car and brandished his revolver and told him to go away. The appellant then went towards the Esteem Car. PW-22 followed him to pacify him but before he could intervene, the appellant exchanged hot words with the deceased and fired upon him on his face with his licenced revolver.

12. Gyan Singh (PW-25) had also deposed on similar lines. He deposed that on 20.08.2011 at about 3 PM he was sitting on the counter of the Wine Shop and watching television when a bank van came there to pick up cash from the Wine Shop and two persons entered the Shop while two persons, driver and guard, remained outside. One Esteem Car also reached there and parked infront of the van and there was a dispute between the driver of Esteem Car and the guard of the Omni Van regarding wrong parking. The driver of the van pacified both. Thereafter, the driver of the Esteem Car went to the liquor shop and purchased one can of beer and he again went back. There was a verbal altercation between him and the guard and there was hathpai (scuffle) and they moved towards the Esteem Car. The guard was saying to handover his samaan (goods) to him and thereafter, the boy of Esteem Car sat in his car and the quarrel continued. One girl was also sitting in the car and she was trying to intervene and pacify the matter and then PW-25 heard the sound of firing and boy in the Esteem Car received the gun shot injury. However, Gyan Singh (PW-