NATHU Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred by the appellant against the judgment and order dated 17.1.1981 of the III Additional District and Sessions Judge, Budau in Sessions Trial No. 399 of 1979, holding the appellant guilty of offence under Section 307 IPC and sentencing him of three years' rigorous imprisonment.

(2.) THE prosecution case is that about four or five days before the ocurrence of the incident Subedar Singh and the accused-appellant Nathoo and Chander Pal alongwith some other villagers went to the market of Ujhani. In the market a Police Sub Inspector of Police Station Ujhani sent for Subedar Singh and some other and took them to the Police Station. He made certain enquiries from Subedar Singh about accused-appellant Natthoo. On knowing this, the accused-appellant, Nathoo and Chander Pal suspected that Subdedar Singh had named them in some case. They, therefore, started harbouring ill-will against Subedar Singh. On the date of incident, Subedar Singh went to the field of Randhir Singh of his village for cutting Bajra for fodder for his buffalo. After cutting the fodder, he loaded the fodder in a Bullock-cart and came to his village on a bicycle. While reaching at the residence of Doongar of his village, he found Doongar and Lal Singh were sitting. They asked him also to sit and to smoke Biri. Subedar Singh also sat there and started smoking Biri alongwith Doonger and Lal Singh and kept his bicycle there. When he was smoking Biri there, at about 1:00 P.M., accused- appellant, Nathoo, possessing a country made Pistol (Tamancha) in his right hand and co-accused Chander Pal possessing a Lathi in his right hand arrived there from western side. Chander Pal instigated accused-appellant Nathoo to finish Subedar Singh as according to him Subedar Singh had acted as informer of the Police against them. Subedar Singh stated that he had not said any thing against them to the Police. On hearing the noise of the conversation, Smt. Devki Devi, wife of Doongar also came out of her house. Accused-appellant, thereafter challenging and asking Subedar Singh to face the consequences of Mukhbiri shot fire by his country made pistol (Tamancha) on Subedar Singh aiming to kill him. Subedar Singh sustained injuries at his right hand and right chest. One pallet of the fire also hit the eye brow of Smt. Devki Devi, who was at that time standing near the door of her house. Lal Singh, Doongar and other villagers who arrived on the spot, challenged the accused-appellant, Nathoo and co-accused, Chander Pal upon which they went back. Sultan Singh, brother of Subedar Singh and Doonger took Subedar Singh and Smt. Devki Devi in a Bullock-cart. Thereafter, Subedar Singh lodged a First Information Report of this occurrence at 3:30 P.M. on 26.10.1978, the date of occurrence.

(3.) ON the above report, the case was registered against the accused and was investigated. The chargesheet against the accused was submitted on 19.12.1978 and the case was committed to the court of Sessions.