GOPAL SINGH GORKHA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above appeal is preferred by the accused Gopal Singh Gorkha against the judgment and order dated 21-4-1979, convicting the appellant u/S : 307, IPC and order dated 23-4-1979. sentencing him to undergo R.I. for 6 years, by Sri G. L. Shukla the then Sessions Judge, Almora in Sessions Trial No. 37 of 1974 (A).

(2.) The appellant was charged u/S.307 IPC for having caused gun shot injuries to Hari Charan Bhatt (P.W.1) on 3rd of August, 1974 at about 6-45 p.m. in Tok pathariya of the village Bhatnayajula within Patiwari Kshetra Gwala Kot of the Tehsil and district Almora in an attempt to murder him.

(3.) The facts, material for the purpose of this appeal, in brief, are indicated below : - There had been litigation between father of Hari Charan Bhatt (P.W.1) and the appellant during the relevant period. The appellant had forcibly occupied the land of the injured and a case was pending in the court of S.D.M. Bara Mandal about it. Thus the appellant was on inimical terms with the injured.