BABUWA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned A.G.A.

(2.) This appeal arises out of an order and judgment convicting under Section 324/34, I.P.C. and sentencing the above appellants to R.I. for one year and a fine of Rs. 500.00. In the default of payment of fine they were further directed to undergo R.I. for six months.

(3.) The brief facts of the case are that the victim of the incident Jagdev was standing at the gate of his beda (gher) along with his servant Pargava. The appellants came there. Appellant Babua was armed with Barchi, Appellant Anil s/o Chhotey Lal, Ram Das s/o Ramadhin and Ram Naresh s/o Ram Das were armed with guns. Ramdas is the father of Babua and Ram Naresh appellants. Anil Kumar is alleged to be their khandani. The parties are collaterals. At about 4.00 p.m. appellants appeared at the beda of informant Jagdev. It is further alleged that when Jagdev and Pargawa were running back first to enter their beda all the three appellants armed with firearms opened fire from their respective weapons. The victim was taken to his house from his beda and after getting the FIR transcribed by Sheocharan, Jagdev, proceeded along with the witnesses to the police station Tindwari. The report was registered there at 7.30 p.m. on the basis of the written report Ext. Ka-1. The distance between the police station and the place of the incident is five miles. Jagdev allegedly was medically examined on 9-8-1981 at 11.00 p.m. by PW 5 Dr. P.N. Nigam. He had sustained one wedge shaped punctured wound of entry measuring 1.4 cm x 1.00 cm x 12 cm over the lateral side of left thigh, 14 cm above from the knee joints. Edges lacerated and everted blood was oozing from the wound. Exit wound was noted 0.8 cm x 0.5 cm x 12 cm over the medial side of left thigh. 14 cm above from the knee joint. Edges lacerated and inverted blood was oozing from the wound. The injuries were found simple caused by sharp penetrating weapon.