SUBEDAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appeal has been filed by Salamatullah and his son Subedar against judgment dated 5-2-1981 passed by Sri B.K. Sharma, the then IV Additional Sessions Judge, Sharanpur in S.T. No. 107 of 1980. Subedar has been convicted under Section 324, I.P.C. and sentenced to 21/2 years rigourous imprisonment. Salamat-ullah has been convicted under Section 324 read with Section 109, I.P.C. and sentence to same period of rigorous imprisonment.

(2.) The facts may be narrated in nutshell. The occurrence took place on 27-7-1978 at about 2 p.m. in Village Idaratpur Chack Bakenia, Police Station Nigohi, District Sharanpur where the parties reside. Jwar and chilli crops were there in the fields of the complaiant Devi Giri PW 2 and the cattle of the appellants entered into his fields, grazed and devastated the crop. The complainant remostrated to the appellants who were standing in the lane. They got annoyed and two sides traded abuses. The appellant Salamatullah asked his son Subedar to bring gun from inside the house. Subedar abided and brought the gun. He opened shot on the complainant who took shelter behind the northen wall of his Chhappar and escaped unhurt. However, the shot hit Dilbari who was going to the well to fetch water. The occurrence was witnessed by Devi Giri, Ram Bilas and Hori Lal who were standing near the well. The complainant with village Pradhan, Dilbari injured and her father Ismail went to the Police Station and lodged the FIR at 1645 hours. After registering a case, the investigation followed.

(3.) Dilbari was sent to P.H.C. Nigohi where she was medcially examined by Dr. Rajnish the same day at 5.15 p.m. the following injuries were found on her person. 1, A circular gunshot wound of entry of size O.2 cm x 0.2 cm x 1.3 cm deep on right side of chest, 9.5 cm below the right nipple, the edges are inverted. No tattooning. 2. A circular gunshot wound to entry of size 0.2 cm x 0.2 cm x skin deep on the left side of groin 6 cm below the left anterior ilalic crest. Edges are inverted. No tattooing.