BABU LAL Vs. STATE

JUDGEMENT

(1.) Heard Sri Rajeev Lochan Shukla alongwith Sri Shailendra Singh, learned counsel appearing on behalf of the appellants and learned Additional Government Advocate, appearing on behalf of the respondent.

(2.) This Criminal Appeal has been preferred by the appellants against the judgment and order dated 21st June 1982, passed by the Vth Additional District & Sessions Judge, Gorakhpur, in Sessions Trial No. 604 of 1981, convicting the appellants for five years' rigorous imprisonment.

(3.) The prosecution case was that Ramgati, the complainant, resident of Village Keshopur, accompanied by his brothers, Brij Kumar and Babarsi, was coming back from the market on 31.7.1980 after purchasing vegetables etc. at about 8:15 PM. When they reached near the house of Thakur Patharkatt, he was faced with three accused. Accused Babulal and Ramraj exhorted the other accused Bindra to kill the complainant, who fired a gun shot at the complainant. The complainant sustained injuries, several villagers reached at the place of incident and saw that the accused were running away. The complainant lodged a complaint written by one Brij Kumar at Police Station at about 9:10 PM, the same night. A case was registered on the basis of the said written complaint and the investigation was handed over to Sub Inspector, K.N. Chaudhary. The complainant was sent for medical examination and treatment. He was examined by Dr. R.S. Goel. After completion of investigation, a chargesheet was submitted by the Investigating Officer against all the accused persons. Accused Bindra was charged under Seciton 307 IPC, while the other two accused were charged under Sections 307 and 34 IPC. All the accused pleaded that they are not guilty and they have been falsely implicated and claimed for trial.