SABA JODHPURI ALIAS JYOTI SWARUP ANAND Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal arises out against the judgment and order dated 31 -10 -1986 passed by Sessions Judge, Pithoragarh In Sessions Trial No.8 of 1986 convicting the accused/appellant under Section 307 I.P.C. and sentencing him to undergo 3 years rigorous imprisonment.

(2.) BRIEF facts of the prosecution case are that the accused Baba Jodhpurl alias Jyoti Swarup Anand was a Manager in an Ashram known as 'Kallash Ashram' Suakot 10 kms In the east from Pithoragarh city. Laxmi Datt - complainant and Badrl Datt went to the temple situated In the Kallash Ashram on 9 -4 -1985. They reached there at about 11.00 A.M. After having his food and resting a while, Laxmi Datt went to the temple at about 12:30 P.M. for worship. In temple, he offered 10 paise and flower before the Idol. Seeing this, Baba Jodhpuri objected and said that you are a big Contractor do you not feel ashamed in offering only 10 paise. In reply, Laxmi Datt told that I have no change but a currency note of Rs. 100/ - which he cannot offer. Laxmi Datt also told that if he wants money by cfferings, he should beg alms and not sit In the temple. This hurted the feeling of the accused and he said to Laxmi Datt that 'now you cannot go from this place'. He would shoot him by his gun. The accused/Baba Jodhpuri went to the hermitage and came with a gun from there. Laxml Datt apprehending the danger, ran away from there. When he could hardly reached 15 -16 meters down the temple, the accused opened him fire and injured him. Laxmi Datt fell down on the ground due to gun shot injuries. The injured was brought to the police post Wadda with the assistance of Badri Datt. The policemen on duty at Wadda police post brought the injured on a truck to Pithoragarh kotwall. The injured prepared the written report EX.Ka.7 and lodged the same at Police Station Kotwall. The constable Clerk Sri Mohan Ram on the basis of the written report prepared Chick F.I.R. EX.Ka.5. A case was registered under Section 307 I.P.C. at Police Station, Kotwall against the accused Baba Jodhpuri vide G.D. Ex. Ka. 5. Thereafter, the injured Laxmi Datt was sent to the District Hospital for medical treatment.

(3.) DR . R.P. Bhatt examined the Injured Laxmi Datt on the same day and found the following injuries on his person :