SHIV SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgement and order dtd. 26/3/1985 passed by the Session Judge, Mainpuri in S.T. No. 196 of 1984, under Sec. 307 I.P.C., Police Station- Kotwali, District- Mainpuri, whereby learned Judge convicted and sentenced the appellant to 05 years rigorous imprisonment under Sec. 307 I.PC.

(2.) The prosecution story in brief is that the present accused Shiv Singh entered into the house of complainant and enquired about the mother and father of the complainant and after 2-4 minutes hit his mother by country made pistol on account of which her mother shrieked and became unconscious. She was taken to District Hospital, Mainpuri where she regained consciousness and was medically examined by Dr. M.L. Gupta, PW-3. Her statement was also recorded by Tehsildar which is Ext. Ka-1. A written report (Ext. Ka-2) was filed at police station Kotwali Mainpuri by the complainant, Brijendra Singh. Thereafter, a chick report was prepared which is Ext. Ka-5 and entry was made in the General Diary at serial no.23, an extract of which is Ext. Ka-14. Thereafter, Sub-Inspector, Maharaj Singh, PW-4 investigated the matter and recorded statement of complainant, his mother and other certain witnesses. As the accused applicant was not traceable, proceedings under Sec. 82/83 Cr.P.C. was initiated. On 22/12/1983, the Investigating Officer submitted the charge-sheet (Ext. Ka-13) against the accused in his abscondance. The trial court after taking cognizance against the accused framed charges against the accused. The accused- appellant pleaded not guilty.

(3.) The trial court after examining the prosecution witnesses and hearing the accused under Sec. 313 Cr.P.C., convicted and sentenced the accused-apellant to undergo five years rigorous imprisonment under Sec. 307 I.P.C.