(1.) This appeal has been preferred against judgment and order dated 07.01.1982 passed by learned VIIth Additional District and Sessions Judge, Allahabad in Session Trial No. 269 of 1979 (State v. Lal Mani and Ors), under Section 307 IPC, P.S. Karchhana, District Allahabad, whereby the accused-appellant Lalmani has been convicted under Section 307 IPC and sentenced to five years rigorous imprisonment.
(2.) Prosecution version is that there was enmity between complainant Kamla Prasad (PW 1) and Sangam Lal (father of appellant) over dispute of land. On 25.10.1976 at about 10:30 a.m., accused-appellant Lalmani along with co-accused Lalji, Nankau @ Rajendra Prasad and Lal Babu, who are all sons of said Sangam Lal, came at the door of complainant. Accused-appellant Lalmani was having country made pistol and others were having lathis. On the issue of crop in disputed land, co-accused Lalji made exhortation to kill the complainant and consequently accused-appellant Lalmani fired a shot from country made pistol at the complainant. Resultantly complainant Kamla Prasad sustained pallet injuries at various parts of his body. Hearing noise, one Onkar Nath, Chhote Lal, Amrit Lal Pandey and others reached there but accused persons fled away from there.
(3.) Complainant Kamla Prasad reported the matter to police by filing tehrir Ex. Ka-3 and on that basis case was registered on 25.10.1976 at 12:35 pm under Section 307 IPC against all the four accused persons vide FIR Ex. Ka-2.
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