JITENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellant Jitendra has preferred this appeal against the judgment and order dated 26.7.2006 passed by the Additional Sessions Judge, Fast Track Court No.1, Kannauj, in S.T. No. 15 of 2001, State versus Jitendra, whereby the learned Additional Sessions Judge has convicted and sentenced the appellant under section 307 IPC to under go rigorous imprisonment of 7 years and also to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo additional simple imprisonment of six months.

(2.) IT is alleged that on 6.5.2000, at about 4.30 PM, the appellant Jitendra shot a fire on the injured Madan Singh. Consequently the injured sustained a serious fire arm injury. Witnesses Balak Ram and Ram Bharose arrived at the scene of occurrence and witnessed the occurrence. The injured was initially taken to Vinod Dikshit Chikitsalaya, Kannauj for treatment and after that he was referred to the Medical College, Kanpur. The FIR was lodged at the police station Kannauj on which basis the police investigated the case and submitted a charge sheet against the appellant. On medical examination, PW-6 Dr. Vinay Krishna found an injury on left side of the chest of the injured, which had also caused an injury in the left lung. The injured was admitted in the Medical College, Kanpur for treatment. According to the aforesaid doctor, the injury was serious and dangerous to life and was caused with a fire arm.

(3.) THE prosecution examined as many as six witnesses in support of its case. PW-1 Ram Bharose and PW-2 Balak Ram are eye witnesses but they have not supported the prosecution story. PW-3 Madan Singh is the injured witness, who has supported the prosecution story in the witness box. PW-6 Dr. Vinay Krishna has proved the aforesaid fire arm injury sustained by the injured PW-3 Madan Singh. Other witnesses namely, PW-4 Raj Narayan and PW-5 J.B. Lal are formal witnesses.