BHAGGI Vs. STATE OF U P

JUDGEMENT

(1.) THE sole appellant Bhaggi, in the instant appeal, has challenged his conviction under section 307 I.P.C. with imposed sentence of five years RI imposed by Xth Additional Sessions Judge, Etah, recorded in S.T. No. 660 of 1978, State Vs. Bhaggi and others, P.S. Patiyali, District Etah, vide impugned judgment and order dated 25.5.1981.

(2.) ESCHEWING unnecessarily details and stated concisely, charge against the appellant was that, on 22.8.1977 at 4.30 p.m., in between agricultural fields of Kotwal Singh (P.W.1) and Suraj Pal situated in village Bhainsrasi, P.S. Patiyali, District Etah he had caused gun fire injury to Raja Ram(P.W.2) at the instigation of Chhutkan accompanied by two other accused Girija Shanker and Uma Shanker. Trial Judge held that only appellant was guilty and hence convicted him only while other three, Chhutkan, Girija Shanker and Uma Shanker, were acquitted by him by the impugned judgment.

(3.) IN it's endeavour to prove the charges prosecution tendered oral evidences of four witnesses, out of whom, informant Kotwal Singh P.W. 1, injured Raja Ram P.W. 2 were the fact witnesses and I.O. H.S. Chandel P.W. 3 and Dr. Shiv Shanker Saraswat P.W. 4 were formal witnesses. Trial Judge after marshaling of facts, critically appreciating evidences, both documentary and oral, facts and circumstances of the case, held that so far as three of the accused Chhutkan, Girija Shanker and Uma Shanker were concerned, prosecution had failed to establish it's case against them beyond all reasonable doubt and, therefore acquitted them vide impugned judgment and order dated 25.5.1981. It however came to the conclusion that guilt of the appellant Baggi under section 307 I.P.C. simplicitor was established beyond any shadow of doubt and, therefore, convicted him for that charge and imposed sentence of five years RI, which conviction and sentence is now under challenge in the instant appeal.