RAM JI Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order passed by Vth Additional Sessions Judge, Kanpur Nagar dated 28.4.1993, in Sessions Trial No. 567 of 1991 convicting and sentencing the appellant u/s 324 IPC to undergo two years R.I. And a fine of Rs. 10,000/- in default payment of fine one years R.I. all the sentences shall run concurrently.

(2.) Brief facts of this case are that the complainant's cousin Mohd. Haroon s/o Abdul Lateef R/o 44/33 Ajeetganj Colony, P.S. Babupurva Kanpur has a shop of repairing of interlocking machine situated at House No. 109/198 Mohalla Jawahar Nagar, P.S. Nazirabad. On 6.4.1987, complainant was present in the shop of his brother Mohd. Haroon and talking with him; at 7:30 pm, Ramji Nai, House No. 109/91 Resident of Mohalla Jawahar Nagar and his brother in law, Ram Chandar and two unknown people came to the shop armed with countrymade pistol, threatened and said to make arrangement of Rs. 1,000/- till tomorrow, otherwise, you will be no left alive and also said that immediately give him Rs. 100/- for wine then Mohd. Haroon tell him that he had no money. On this, the companion of Ramji Nai abusing him said that he would not give such money, kill him today. On this pretext Ramji Nai fired by countrymade pistol on Mohd. Haroon with intention of killing him. This bullet hits on left hand of Mohd. Haroon when both of us shouted then all the miscreants fled from the spot. Due to terror of this miscreants, panic caused among the shopkeepers and they started closing their shop quickly.

(3.) On this allegation injured as well as complainant rushed to the police station and lodge the written report (Exhibit Ka 1) against Ramji Nai, Ram Chandar and two unknown miscreants. Chik FIR (Exhibit Ka 2) registered at 8:05 pm under Section 307 IPC. The case was entered by means of General Diary. By Head Constable Moharir Shiv Awtar Pandey who proved the chik FIR as Exhibit Ka 2 and G.D. Srl. No. 61 at 8:05 pm is proved as Exhibit Ka 3.