THAKRI CHAIN SUKH Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 21.08.1998 passed by the Special Judge/Additional Sessions Judge, Nainital in S.T. No.26 of 1997, State Vs. Thakri, thereby convicting and sentencing the appellant/accused u/s 307 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) for five years' R.I.

(2.) Heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that complainant Jagdish (P.W.3) lodged an FIR on 22.9.1996 stating therein that on that day at about 7:30 PM, he along with his brother Lakhan was sitting in his grocery shop and electric light was there and at that time, the appellant-accused along with one person came being armed with country made pistols and fired upon Lakhan which hit on his mouth and stomach. On the noise raised by the complainant, several persons came over there on which the accused ran away and this incident was witnessed by Charan Singh and Phool Singh. After admitting his brother in the hospital, the complainant PW3 Jagdish came and lodged the report i.e. Ex.Ka-1. On the basis of this FIR, Chik FIR was prepared by H.M. Ramesh Singh, i.e. Ex.Ka.2. The necessary entry was also made in the G.D., the carbon copy of which is Ex.Ka-3. Investigation of this case was entrusted to P.W.7 S.I. Mehboob Ali. Injured Lakhan was medically examined on the 22.9.1996 at 8:00 PM by PW6 Dr. YS Rawat and after the examination, injury report Ex.Ka-4 was prepared. During investigation, the IO took the plain and bloodstained clay from the place of occurrence and prepared Fard Ex.Ka-5. The IO also recovered Khokhas of 12 Bore and 315 Bore for which separate Fards Ex.Ka-6 and Ka-7 were prepared. Bloodstained clothes relating to the case were also taken into possession and Fard Ex.Ka-8 was prepared. The I.O. during the course of investigation inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-9. During the course of investigation, the I.O. recorded the statements of witnesses and after completing the investigation, he filed the charge sheet against the appellant/accused u/s 307 IPC, i.e. Ex.Ka.10.