MAJOR RAMESH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr. P.C.), is directed against the judgment and order dated 16th July, 1990, passed by learned 1st Additional Sessions Judge, Dehradun, in Sessions Trial No. 96 of 1986, whereby appellant Dr. (Major) Ramesh has been convicted under Section 307 of the Indian Penal Code, 1860 (for brevity hereinafter referred as I.P.C.) and sentenced to undergo rigorous imprisonment for a period of three years and also to pay fine of Rs. 5,000/-, in default of payment of which, the convict was directed to undergo simple imprisonment of one year.

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

(3.) Prosecution story, in brief, is that P.W. 1 Mohan Singh is real brother of injured Kishan Singh (P.W. 2). Suman Lata (D.W. 2) is sister of Mohan Singh and Kishan Singh. All the three are residents of Dehradun Road, Rishikesh. Accused/appellant Dr. (Major) Ramesh had friendly relations earlier with father of the above three, but later, it is alleged by prosecution that Dr. (Major) Ramesh developed illicit relations with Suman Lata. This soured relations between Mohan Singh and Kishan Singh, on one hand, and Dr. (Major) Ramesh, on the other. On 23.04.1986, at about 10.30 p.m., when Mohan Singh and Kishan Singh were returning from one Saklani Ji's house, Dr. (Major) Ramesh (appellant) and his three associates namely, Sanjay Sharma, Ajay Kumar and Mahesh Srivastava, met the two brothers and started hurling abuses at them. In the quarrel Dr. (Major) Ramesh took out his revolver and fired twice at Kishan Singh. Consequently, Kishan Singh got injured. However, one shot missed the target. P.W.I Mohan Singh lodged the First Information Report (Ext. A-1) with police station Rishikesh, at about 11.10 p.m. and took the injured to Doon Hospital, Dehradun, for treatment. A crime No. 117 of 1986 was registered at the Police Station Rishikesh, against the accused Dr. (Major) Ramesh and three others, relating to offences punishable under Section 307/326 read with Section 34 of I.P.C. After interrogation of the witnesses, and collecting evidence, a charge sheet was filed by the Investigating Officer against the accused persons, namely Dr. (Major) Ramesh (appellant), Sanjay Sharma, Ajay Kumar and Mahesh Srivastava, relating to offences punishable under Section 307/326 read with Section 34 of I.P.C.