KISHAN VIR Vs. STATE OF U P

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. Three accused, Kishan Vir, Sadhu and Subey have filed this appeal against the judgment and order dated 28-2-1981 passed by Smt. M. Chaudhary, the then Additional Sessions Judge, Etah whereby she convicted Kishan Vir under Section 307 of Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years. She found Sadhu and Subey guilty for the offence punishable under Section 307 read with Section 34 of Penal Code and sentenced them to suffer rigorous imprisonment for a period of five years.

(2.) BRIEFLY stated, the facts of the prosecution case are as under: Parsadi son of Manohar a resident of Sidhpura (Etah) was the informant who expired during pendency of the case in the trial Court. He had three sons, Virendra, Ram Kishore and Ram Prakash in the year 1977. Ram Prakash was a servant of Kishan Vir at his flour Mill on a monthly salary of Rs. 30/ -. Ram Prakash worked for 25 days only at the flour Mill but he received salary for the whole month in advance. Ram Prakash went to his Sasural. On 28-8-1977 at about 8. 00 p. m. accused, Kishan Vir armed with a gun, Sadhu and Subey armed with lathi arrived at the house of informant (Parsadi ). Parsadi, his wife Ram Shree and his son Virendra and Ram Kishore were lying/sitting in their hut. Accused Kishan Vir called out Parsadi. He came out of the hut and asked Kishan Vir and others to sit, whereupon Kishan Vir used abusive language and lodged a protest that Ram Prakash did not go to his Flour Mill and was absent for the last several days. He had received salary of the whole month. Parsadi disclosed that his son Ram Prakash had gone to his Sasural and he would repay the salary of five days after arranging money. He told the accused that his son would not work on monthly salary of Rs. 30/- only. Kishan Vir lost his temper and threatened to teach him a lesson. He asked his associates Sadhu and Subey to caught Parsadi and with a view to kill, Kishan Vir fired a shot, which hit Parsadi in the back and left arm. After sustaining fire-arm injury, Parsadi fell down. The sons and wife of Parsadi rushed to rescue him. They were threatened by Sadhu and Subey that they would also be killed in case they tried to save Parsadi. The incident was witnessed by co-villagers Ram Sanehi, Har Dayal, Shiv Dayal and others. The witnesses saved the life of Parsadi otherwise he would have been killed.

(3.) MULTIPLE abrasions in an area of 12 cm. x 5 cm. on left side of back just above the hip. In the opinion of Dr. Sharma, the injury No. 1 was caused by fire-arm and injury No. 2 by hard and rough object and was simple. The injuries were half day old at the time of examination.