SUBHASH CHANDRA Vs. STATE OF UP

JUDGEMENT

(1.) Heard the learned counsel for the appellant Subhash Chandra and the learned AGA and perused the record.

(2.) The appellant Subhash Chandra has preferred this appeal against the judgment and order dated 29.3.1982 passed by Sri R.S. Pandey, the then VIII Additional Sessions Judge, Mainpuri in ST. No. 355 of 1979, whereby the learned Additional Sessions Judge convicted the appellant under Section.307 read with Section 34, IPC and instead of sentencing him to any punishment, released him on probation of good conduct for a period of two years on his furnishing a personal bond of Rs. 2,000/- and two sureties each in the like amount.

(3.) The relevant facts of the case are that one Shobharam, Head Constable was posted at out post Railway Gate on 5.2.1978. On the said date he alongwith Shri Krishan and Nek Ram Home Guard proceeded on gusht in the city and reached Mohalla Bansigaura, at about 4.00 a.m. in the morning. He was waiting for arrival of some miscreants making a Nakabandi in front of the gate of Ekarsan and Inter College concealing himself near the house of one Gore Lal. At about quarter to six, two persons (Shankarand appellant Subhash) came from Mohalla Chhapatti and wanted to go towards Ekarsha Nand Ashram. When both these persons reached near the police party, on suspicion Head Constable Shobharam challenged them and wanted to take their search. The appellant Subhash told Shankar that they are police personnel and knew them and they would not leave them and asked him to kill the police party. Shankar and appellant Subhash both took out their kattas and Shankar fired his katta on Head Constable Shobharam, which injured him at his right hand, stomach and cheek. The police party raised alarm which attracted Gore Lala but accused Shankar and appellant Subhash both succeeded in running away. An in-vain chase was made by the police party but since both these persons threatened them with their katta, they came back. It is also said that the police party knew the accused Shankar and the appellant Subhash from before. The accused had left their chappal, one maflar and one angauchha. Injured Shobharam was brought to the police station where constable Shri Krishan lodged a verbal report (Exhibit Ka 3) and deposited the articles left by the accused persons. The woolen coat, jersy, shirt and kamij terelene which were blood-stained and which Shobharam had put on, were also deposited at the police station and were taken in custody and a case against both these accused was registered under Section 307, IPC. The injuries of Shobharam were examined by Dr. S.S. Agrawal of the District Hospital, Mainpuri at 6.30 a.m. who found three gun-shot injuries caused by fire arms, vide his report Exhibit Ka-4. The investigation was entrusted to one Mahavir Prasad Sharma, Sub-Inspector who proceeded on spot, inspected the same and prepared site plan (exhibit Ka-5) on the same day and after necessary investigation, submitted the charge-sheet against the appellant Subhash.