deceased Somesh Soni was engaged for videography/photography. His vehicle was also hired for the bridegroom. It is further case of the prosecution that deceased Somesh Soni was demanding money from the appellant Akhilesh Singh to fill diesel in his vehicle. Appellant Akhilesh Singh refused to pay the amount on which deceased replied that his vehicle will not be sent unless money is paid. For this, altercation took place between appellant Akhilesh Singh and deceased Somesh Soni and in the said quarrel appellant Akhilesh Singh pointed gun on the forehead of Somesh Soni and pulled the trigger, which resulted his instantaneous death. Akhilesh Singh fled away after taking motor-cycle of Dharmesh. Thereafter, it turned into clash between two communities namely “Soni” and “Thakur” and shops of Thakur' complex were burnt by Soni's group. The matter was reported and investigated. During investigation the statements of the material witnesses were not recorded under Section 161 of the Code of Criminal Procedure, 1973 by the Investigating authority, therefore, one petition i.e., Writ Petition No. 1763 of 2002 was filed before this Court and upon direction of this Court, statements of some witnesses were recorded under Section 161 of the Cr.P.C., by the Sub Divisional Officer, Police. The appellants were charge-sheeted and convicted as mentioned above.
