SOBARAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) J. K. Mathur, J. This appeal is directed against the judgment of III Additional Sessions Judge, Sitapur dated 31st March, 1943 whereby Sobaran Lal was convicted for having committed offences punishable under Sections 307 and 323, I. 'p. C. and sentenced to 7 years' K. I. and a fine of Rs. 500 and one year's R. I. , respectively for each of the offences. Sentences were ordered to run concurrently.

(2.) A report was lodged at Police Station Hargaon, district Sitapur on 17-8-1981 at 5. 30 p. m. by Gaya Prasad. According to it, he was Head Master in local primary school in village Wazirpur. Shiv Ram was an Assistant Teacher in the same school. On tae date of incident he had gone to fihadewan. Gaya Prasad was teaching the students in the class on 17-9-1981 when at aoout 2 p. m. accused Sobaran came there. He abused Gaya Prasad and asked him whether the school had been constructed. Gaya Prasad replied that even if it was not constructed, he would go on teaching. Sobaran then continued to abuse him and when Oaya Prasad objected, he started beating him with slaps and shoes. Gaya Prasad ran towards the village followed by children. Witnesses also came there. Sobaran ran towards his house and came back with his gun. He fired at Oaya Prasad, causing injuries to Nand Kumar, Aditya Prakash, Vijendra Kumar, Oudiya and Ram Sevak. Oaya Prasad, however, was not injured. Sobaran then ran away. Oaya Prasad went with injured persons to the Police Station and lodged the First Informa tion Report.