HAR GOVIND CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.

(2.) From the perusal of the record it appears that according to the prosecution version the alleged occurrence has taken place on 11.9.2005 at about 7.00 A.M., its FIR has been lodged on 11.09.2005 at 8.20 A.M. in which seven persons including the appellants is named in the FIR. It is alleged that on 11.09.2005 at a bout 7.00 A.M. the first informant Ram Sakal Chauhan P.W. 1, along with his brother Mahendra, Robin Chauhan, Amar Singh Chauhan and Umesh Chauhan had gone to the hut of Komal Yadav. When they were returning back the appellants and other co-accused persons who were watching the arrival of the first informant and others on way of their returning, at the exhortation of Suresh Chauhan the appellant Har Govind Chauhan discharged a shot from his licensed rifle towards the Mahendra Chauhan which hit the deceased Mahendra Chauhan who after sustaining gun shot injury fell down and died instantaneously. Thereafter Anjani,Ram Chandra, Vinod, Awadhesh and Premi fired indiscriminately towards the first informant and others consequently Amar Singh Chauhan, Robin Chauhan, Komal Yadav, Umesh Chauhan and Shiv Mangal Chauhan sustained injuries. Fortunately the first informant did not sustain any injury.

(3.) According to the post mortem examination report the deceased had sustained fire arm wound of entry having its exit wound. According to the medical examination report the injured Robin Chauhan had sustained two lacerated wounds in which injury No. 1 on the right side of the face and injury No. 2 was on the left side of the neck. Both the injuries were kept under observation and advised for X-ray. The injured Komal Yadav had sustained a lacerated wound on right side of the chest, the injury was kept under observation and advised for X-ray. The injured Umesh Chauhan had sustained a multiple lacerated wound on right arm it was kept under observation and advised for X-ray. The injured Shiv Mangal Chauhan had sustained a lacerated wound on the left hand, it was kept under observation and advised for X-ray. Injured Amar Singh Chauhan had sustained a lacerated wound on the left side of the chest, it was kept under observation and advised for X-ray.