JAGDISH MURAV Vs. STATE OF U P

JUDGEMENT

(1.) The Appellant before us was prosecuted for commission of an offence under Section 307 of the Indian Penal Code for making attempt to murder of Babu Lal Yadav (PW-2). The first informant Ramsurat (PW-1) was his uncle being brother of Ramashray, father of PW-2. PW-2 was a resident of Pukhar within the jurisdiction of the Police Station Basgaon. When the alleged occurrence took place, he was working as a driver of a vehicle belonging to one Mangal Prasad. He had parked the said vehicle at Kovadeh near Sahabganj, allegedly, waiting for the passengers.

(2.) Appellant together with other two accused, viz., Ramsahay, Udaybhan and Ganga who were residents of his village allegedly were present at the place of occurrence. The relationship between the parties admittedly was not good. Ramashray, father of PW-2 had an ongoing dispute with Ramniwas, father of Accused No. 4, Ramsahay and Vyas, father of Accused No. 3 Udaybhan. Admittedly Udaybhan was the uncle of Ramvander Pandey who instituted a case against the brother of Ramsurat under Sections 323, 504 and 506 of the Indian Penal Code. They allegedly asked him to withdraw the litigations to which he replied that he should ask therefor the persons concerned, i.e., who had been fighting out the cases.

(3.) As per the prosecution witnesses, the accused had come near the vehicle of the deceased. He wanted to come out of the vehicle but he was prevented from doing so. Thereafter upon alleged exhortation of Ramsahay, Udaybhan and Ganga, the Appellant herein allegedly fired a shot at his neck from his katta (country made pistol) injuring right side of his neck.