SANEY LAL Vs. STATE

JUDGEMENT

(1.) APPELLANTS Sone Lal, Jagdish, Bhajan Lal, Nanhaunu and Tai Ram Singh have filed this appeal impugning therein the conviction u/Secs. 148, 307/149 IPC and sentences of 3 years' R.I. to each of them u/Sec. 148 IPC, 10 years' R.I. to each of them u/Sec. 307/149 IPC and 7 years' R.l. u/Sec. 307/149 IPC.

(2.) THE facts of the case as transpires from the FIR as well as from the evidence adduced in the case, are to the effect that PW 3 Ram Kumar who is a resident of village Sirdharpur P. S. Baqar Mau District Unnao along with his servant Muneshwar, had gone to Mohalla Chamraudha for hiring labourers. Finding PW 3 Ram Kumar, accused person namely, Sons Lal armed with his licensed gun, Jagdish armed with country made pistol, Nanhaunu armed with country made pistol, Bhajan Lal armed with gun and Jai Ram Singh also armed with gun, made an attempt to encircle Ram Kumar. Ram Kumar made an unsuccessful bid to escape at which he was challenged. Accused persons opened fire at Ram Kumar and his servant. Both Ram Kumar and Muneshwar screamed up for help at which Ram Din and Ram Naresh living adjacent to the place of occurrence came to the rescue of the aforesaid two persons and challenged the accused persons. Meanwhile, Ram Kumar and his servant escaped into the house of the aforesaid Ram Din. In the firing made by the accused persons, both Ram Kumar and his servant Muneshwar sustained fire-arm injuries. On being challenged by the villagers who had been attracted by the time to the scene of occurrence, the accused persons bolted away from the scene of occurrence. After the occurrence, sons of Ram Kumar, namely Naresh and Dinesh came at the scene who escorted their father and servant out of the house of the aforesaid Ram Din. THE report of the incident was lodged at the Police Station the same day. After the report having been registered at the Police Station, the injured were sent for medical examination and treatment.

(3.) IN the instant case, Ram Kumar (PW 3) and Muneshwar (PW 4) are two injured witnesses who have dwelt upon narration of the prosecution case in detail and in a consistent manner. PW 1 is Dr. Shyam Mohan Krishna, Medical Officer (Emergency) at Lala Lajpat Rai Hospital Kanpur who had examined the injuries on the persons of Ram Kumar and Muneshwar on 25-10-81 at 3 P.M. and 3.30 P.M respectively. PW 5 Ram Din is the person who came to the rescue of the victims as a result of their screams and in whose house the victims had taken shelter as a cover to firing. His testimony is also consistent with the case set up by the prosecution. PW 6 is the investigating officer of the instant case.