BRIJ LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred by Brij Lal accused appellant against the judgment and order dated 16.11.1994 passed by 9th Additional District and Session Judge Aligarh, convicting the appellant under Sec. 324 Penal Code and since it was the first offence of the of- fender he was given the benefit of first of- fender and was directed to file a personal bail bond of Rs. 5000.00 and two sureties each of the like amount and to keep good behaviour for six months. Against the said judgment and order the present appeal in this Court.

(2.) The prosecution has examined in support of their case PW 1 Mahendra Kumar Sharma, PW 2 J.G. Sharma, PW 3 Ma- hendra Pal Singh, PW 4 S.I. Maher Singh, PW 5 Dr. Qamar Ahmad and PW 6 con- -table Daya Swaroop.

(3.) Prosecution story in brief is that on 1.11.1992 in the evening at 7-15 PM near the compound of Fire Station Banna Devi, Police Station Banna Devi, District Aligarh the accused-appellant Brij Lal had fired with his licensed gun on Jugdish Prasad and Mahendra Kumar Sharma, but it did not hit them, but subsequent fire hit one Jugdish Prasad on his right hand. The appellant was arrested on the spot with his licensed gun. It has come on record that the appellant had consumed liquor.