YOGDAMBER SINGH ALIAS DABBU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS a criminal appeal against the judgment and order dated 04.08.2003 passed by Sri P.K. Agrawal, the then Sessions Judge Pauri in S.T. No. 41 of 2002 State Vs. Yogamber alias Dabbu, whereby the learned Sessions Judge convicted and sentenced the appellant to undergo R.I. for a period of seven years under section 307 IPC and a fine of Rs. 5000/ -In default of payment of fine, the appellant would undergo six months additional imprisonment.

(2.) THE prosecution case, in brief, is that on 13.04.2002 at about 10:30 a.m. the complainant Dhanveer Rana (PW -3) along with Ganesh (PW -1) Meharban Singh (PW -2) and Jaipal went to the shop of Kotnala Furniture, Kotdwara. The shopkeeper brought tea for them. In the meantime at 11 : 15 a.m. the appellant came there and fired 4 -5 times by his revolver with intention to kill Meharban Singh (PW2).

(3.) THE injuries of Ganesh (PW1) were examined by Dr. J.C. Dhyani (PW5) Medical Officer. Government Hospital' Kotdwar, district Pauri on 13.4.2002 at 11.30 A.M. vide injury report EX.Ka4. The following injuries were found on his person :