RAJENDRA SHARMA Vs. STATE

JUDGEMENT

(1.) RAJENDRA Sharma, who was convicted of the offence under Section 394, IPC and sentenced to undergo rigorous imprisonment for four years by Sri S. K. Agarwal, Additional Sessions Judge, Bijnor, has filed this appeal.

(2.) ON 15-5-1975, at about 3 A. M., Buddhu Singh complainant (PW 1) set out on his tractor from his village Bulandi within police station Siyohara, to go to Dhampur to see an ailing relation. Misri Singh (PW 3) was driving the tractor. Narain Singh servant of the complainant was also accompanying the complainant on the tractor. About a kilometre away from village Bulandi, the tractor came on canal patri beyond the bridge leading to village Sabdalpur. The front and back lights of the tractor were burning. At that time, four or five persons came in front of the tractor and tried to stop it, but the driver did not stop and went ahead. Those persons started firing towards the tractor and one of the tyres of the tractor got burst and, therefore, the tractor came to a halt. ONe pellet hit the forehead of the complainant. When the tractor stopped, its occupants took cover behind it. The complainant who was carrying his brother's licensed gun (Ex. II), started firing towards the miscreants. ONe of the miscreants sustained gunshot injuries and fell down and a revolver (Ex. I) in his hand also fell down. Another miscreant tried to take away that revolver but could not succeed. A shot fired by the complainant caused injuries to that miscreant as well. All the miscreants ran away leaving their dead companion. The faces of the miscreants were seen by the occupants of the tractor in the light of the tractor.

(3.) SRI Bankey Lal Yadav (PW 4) Station Officer police station Siyohara, started investigation of the case. He interrogated Buddhu Singh complainant injured and thereafter went to the scene of the occurrence. There, he found Misri Singh and Narain Singh and a host of villagers present. He interrogated Misri Singh and Narain Singh. He also found ("he dead body of the miscreants lying on the canal patri. The tractor with its burst tyre was also standing there. A revolver and 12 live cartridges and two used cartridges were also lying near the dead body. There the investigating Officer came to know that the dead miscreant was Lokendra. He got the inquest report and other papers relating to the dead body prepared and sent the dead body to Bijnor for post mortem examination. He took the revolver and the cartridges and the cover of the revolver in his possession. He found blood on the scene of the occurrence and took sample thereof in his possession. He also took the burst wheel of the tractor in his: possession. The gun used by the complainant at the time of the occurrence along with four empty cartridges was handed over to the investigating Officer by Ghan Shyam Singh, brother of the complainant. The revolver found near the dead body of Lokender Singh belonged to the complainant's brother Ghan Shyam Singh. This revolver had been looted earlier. The investigating Officer prepared the site-plan.,