RAJ KUMAR GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) BY this appeal, the appellant Raj Kumar Gautam has impugned the judgment and order dated 11.7.2006 rendered by Mr. P. C. Srivastava, Additional Sessions Judge, Court No.9, Agra in S.T. 304 of 2003, State Vs. Raj Kumar Gautam, whereby the learned Additional Sessions Judge has convicted and sentenced the appellant under section 307 I.P.C. to undergo rigorous imprisonment of ten years and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo additional rigorous imprisonment of one year.

(2.) THE prosecution story leading to this appeal in nutshell is that on 16.6.2003 at about 10:30 a.m., the injured Sunil and few other children were involved in playing cricket in the ground of C.K. Children Academy School, Uttampuri and due to that an altercation took place between the injured and the appellant, consequently, the appellant assaulted the injured Sunil with a country made pistol and thereby caused a fire arm injury to the injured. THE injured was immediately taken to the hospital where he was hospitalized, and, thereafter, the First Information Report was lodged. THE police registered the case and investigated the matter and submitted charge sheet against the appellant.

(3.) P.W. 5, Dr. Ajay Agarwal, had medically examined the injured on 16.6.2003 at 12:10 p.m. and found the following injury on the person of the injured: "Wound of Entry of 1 " diameter and multiple pallets are seen around the wound of Entry in 3/4" area around central wound, wound is situated on the left side of abdomen, 4" below the left nipple & 2" laleral to mid line abdomen, fresh, bleeding present, margin invested. No other injury except the above is present on body."