BHOOP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Bhopp Singh has preferred this appeal against his conviction and sentence under Sec. 326, I.P.C. to three years R.I., passed by Sri J.B. Singh, the then IV Addl. Sessions Judge, Mirzapur on 22.3.1978. The other co-accused, namely Shailendra Kumar alias Thakur Dadu and Lola Kol were acquitted. The complainant Ram Pratap on being aggrieved, had preferred criminal revision No. 1183 of 1978 praying that the acquittal of Bhoop Singh under Sec. 307, I.P.C. be set aside and he be convicted under Sec. 307, I.P.C. and in the alternative the sentence awarded under Sec. 326, I.P.C. be suitably enhanced. The other criminal revision No. 1184 of 1978 had been preferred by Ram Pratap against the acquittal of co-accused Shailendra Kumar Singh and Lola Kol.

(2.) The facts of the case in brief are that Bhoop Singh - appellant and co-accused Shailendra Kumar Singh alias Thakur Dadu were pattidars, while Lola Kol accused No. 3 was Karinda of Bhoop Singh. The house of the complainant Ram Pratap (P.W. 1) is situated at a little distance in the north of his shop in village Sanjari. He had enclosed his open land by fixing stone slabes. The accused intended to have passage from over that land. Hence a little before 10.00 a.m. on 20.8.76 Boop Singh and Shailendra Singh riding over an elephant went near the house of the complainant and got some stone-slabs removed by the elephant. Ramesh Kumar nephew of Ram Pratap informed the latter about the removal of the stone-slabs. Thereupon Ram Pratap arrived there and protested why the stone-slabes were removed which led to some verbal altercation and thereupon all the three accused left and returned after some time. Bhoop Singh was armed with a gun and at the exhortation of Shailendra Kumar and Lola Kol, Bhoop Singh fired a shot at Ram Pratap, as a result of which he received the following injuries as noted by P.W. 6 Dr. Abdul Halim on 21.8.76 at 11.30 a.m.

(3.) On X-ray examination Dr. Abdul Halim also found fracture in injuries Nos. 5 and 6 and thus, grievous injuries were caused. F.I.R. (Ex. Ka 2) of the occurrence was lodged on the same day at P.S. Halia district Mirzapur at a distance of six miles at 1.30 p.m. on the basis of which the case was registered and after investigation the accused were charge-sheeted. At the trial accused pleaded not guilty and prosecution examined in all eight witnesses, of whom P.W. 1 Ram Pratap is the complainant and the injured, P.W. 2 Devi Prasad and P.W. 4 Sheo Shanker are the eye witnesses of the occurrence and they corroborated the prosecution case. P.W.. 6 Dr.Abdul Halim proved the injures as noted above and the remaining are formal witnesses.