NAND KISHORE Vs. STATE OF U. P.

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the Judgment and order 24.9.2012 passed by court of Additional Sessions Judge (Ex-Cadre), Rampur in Sessions Trial No. 304 of 2011, State Vs. Nand Kishore @ Nagpal arising out of Case Crime No. 332 of 2011 under Sections 307, 326 I.P.C. heard with Sessions Trial No. 305 of 2011, State Vs. Nand Kishore @ Nagpal, arising out of Case Crime No. 362 of 2011 under Sections 25/27 Arms Act, Police Station Shahjad Nagar, District Rampur.

(2.) The brief facts which led to the litigation and whereby the State had to start investigation are that on 19.3.2011, informant Dal Chand gave a written complaint to the Station House Officer, Police Station Shahjad Nagar stating therin that his son Rameshwar injured on the date of incident, i.e., 19.3.2011 was going to ply van on the kanta of one Buddhi Lal after having his meal. When he reached at the shopping place known as Kamora Bazar, he met Lekhpal @ Sapera who was having illicit relation with one woman of easy virtue, namely, Savitri had altercation with son of the complainant, at 7 pm, with a view to do away the injured, the accused fired one gun shot from country made pistol which injured Rameshwar. On hearing hue and cry, informant, Natthu Lal and Ram Kishore converged to the place of occurrence on which accused fled with the country made pistol. This gave rise to the investigation by the police for the commission of offence and for using and having arms which was prohibited under the Arms Act. The police registered aforementioned case crime numbers under the relevant sections of I.P.C. and also under Arms Act after recovery of 12 bore country made pistol.

(3.) After the investigation was over, charge sheet was filed against the accused. The case being exclusively triable by the court of sessions, the same was committed to the Sessions court. The accused was read over the charges, who pleaded not guilty and wanted to be tried.