MEWA Vs. STATE OF U P

JUDGEMENT

(1.) The accused appellant Mewa has preferred this appeal against the judgment and order dated 20.09.2002 passed by Learned Additional Sessions Judge (FTC No. 2), Lakhimpur Kheri in ST No. 593 of 2000 arising out of case Crime No. 295 of 1997, under Sections 324 IPC, P.S.- Kotwali Kheri, District- Lakhimpur Kheri by which the accused has been convicted for the offence punishable under Section 324 IPC and sentenced to undergo rigorous imprisonment for two years. The accused appellant has been acquitted for the charges framed under Section 307 IPC.

(2.) Briefly stated the prosecution case is that on 08.10.1997, one Nand Kishore Tiwari had gone to his field at around 02.00 pm to watch his crop. He saw Munna, Salim, Mewa and Dhruv were grazing their buffaloes and goat. The complainant raised objection upon which they started abusing the complainant. Upon alarm being raised Aslam, Ashok, Raghuwar, Itwari and Bhorai reached at the scene. As soon as, the complainant was proceeding alongwith the animals to kanzi house, accused Chote lal, Mewa and Ram Shanker arrived at the scene and fired at the complaint with the licensed gun. The bullets hit Itwari, Aslam and Ashok. The complainant saved himself by hiding behind a tree in the grove. The complainant, then, lodged FIR and the injured were medically examined at District Hospital, Lakhimpur Kheri. After investigation, the charge-sheet was submitted for the offences punishable under Sections 324, 307 IPC and the accused was ultimately committed to the Court of Sessions for Trial. The Learned Trial Court framed charges against the accused to which he denied and claimed Trial.

(3.) The prosecution examined Nand Kishore Tiwari as P.W.-1, Aslam as P.W.-2, S.P. Verma as P.W.-3, Itwari as P.W.-4, Raghuwar as P.W.- 5, Ashok Kumar as P.W.-6 and Raghuwansh Singh (SI) as P.W.-7, Dr. Giriraj Sharma as P.W.-8.