JAIRNAIL SINGH Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) Appellant Jairnail Singh was tried for the offence under Section 307 IPC as well as under Section 25 Arms Act. The trial culminated into his conviction for both the offences. He has appropriately been sentenced by the learned Sessions Judge. Sessions Trial No.320/2000, pertains to the Crime No. 336/1999 under Section 307 IPC while S.T. No.319/2000 pertains to the Crime No. 337/1999 under Section 25 Arms Act. Both the incidents took place in the territorial area of Police Station Nanakmatta, District Udham Singh Nagar.

(2.) The backdrop of the prosecution case is that the injured Akbar Ali (PW2) was a purchaser of paddy from the accused. So, he along with his brother and four others went to purchase the paddy in the village of accused along with two tractors trolleys. The transaction took place but during the course of weighing paddy, the quarrel erupted, when the accused made an allegation on the injured that more quantity of paddy has been weighed while it had been shown less. The quarrel soon turned into the scuffle and escalated into the incident. The accused whiped out the country made pistol from his pocket of pant and opened the fire upon PW2. The fire hit him on his temple. PW2 was soon shifted by his brother Asgar Ali and other companions, first to the Primary Health Center, Nanakmatta and from there, to Khatima and thereaafter at District Hospital, Pilibhit, where his injuries were examined by Dr. B. Dass (PW6). The following injuries were found on the body of the injured:-

(3.) Learned counsel for the appellant has drawn the attention of this Court that the fire was opened from a distance of three paces, as has been displayed by the Investigating Officer in the spot map and the same has also been accepted by the injured as well as his brother. If, the fire is opened from such short distance and that successfully hits the victim, then presence of blackening and tattooing is indispensable. Dr. B. Dass (PW6) has also ratified this medical report. But no blackening or tattooing was found at the mark of such injury on the face of injured. It reflects that the fire was not opened in the fashion, as narrated by the injured as well as by his real brother.