MANJEET Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal by the sole appellant Manjeet is to his conviction under section 307 IPC and imposed sentence of 10 years R.I. with Rs.10,000/- fine and in case of default in payment of fine to undergo further one year simple imprisonment recorded by Additional Sessions Judge/F.T.C. court no.21, Bulandshahar vide impugned judgement and order dated 11.2.09 recorded in S.T. No.695 of 2001, State Vs. Manjeet, relating to Police Station Aurangabad, district Bulandshahar.

(2.) SHORN of eschewable detailes, prosecution allegations against the appellant as are revealed from written FIR, Ext. Ka-1, lodged by the informant Rajendra Singh, (P.W. 1), were that inraged by rejection of an his offer to do buffalo cart racing, that the appellant shot at Devendra (P.W. 3) S/o informant from his DBBL gun on 5.10.2000 at 1 A.M. in night at the crossing of his village Gangahari, P.S. Aurangabad, District Bulandshahr causing gun shot injuries on his chest and neck. Informant Rajendra Singh (P.W. 1) F/o injured dictated incident FIR, Ext. Ka-1, to Prakash Singh, who scribed it, and thereafter (P.W. 1) lodged it at P.S. Augangabad, same day at 2.10 A.M., measuring a distance of seven kilometre. S.I. Indra Pal Singh registered the F.I.R. as crime no.278 of 2000, under Section 307 IPC vide Ext. Ka-2 and prepared the G.D. entry Ext. Ka-3.

(3.) ADDITIONAL Session's Judge/F.T.C., court no.21, Bulandshahar charged the appellant for offence under section 307 I.P.C., which charge was denied by the appellant under section 227/228 Cr.P.C. and hence to establish it's case prosecution, during the course of the trial, examined in all seven witnesses out of whom informant Rajendra Singh (P.W.1), Jai Pal Singh (P.W.2), injured victim Devendra (P.W.3) were the fact witnesses. Formal witnesses included S.I. Indra Pal Singh (P.W.4), doctor S. Garg (P.W.5), Bhuwan Ram (P.W.6) and second I.O. S.I. M.P. Pandey (P.W.7).