LAUTOO Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sarwar Khan, learned counsel for the appellant, Sri Mohd. Shadab Khan, learned counsel for the complainant and Sri Vinod Sharma, learned A.G.A. for the State.

(2.) This appeal has been filed against the judgment and order dated 24.8.1982 passed by IIIrd Additional Sessions Judge, Ghazipur in Session Trial No. 223 of 1980 convicting and sentencing the appellant under Section 307 I.P.C. for three years rigorous imprisonment.

(3.) The prosecution case in brief is that the complainant Ram Narain Seth is the resident of village Bhimapar, police station Saidpur, district Ghazipur. On 11.12.1978, the complainant was going to take betel after closing his cloth shop. Sri Ram Narain Seth was chewing betel in front of the wine shop in Bhimapar at about 6:30 p.m. The accused Lautoo resident of village Majdooha met him there and asked the complainant to sell some cloth on credit as he had no money and the winter season was at peak. The complainant showed his inability with the contention that he had no sufficient capital for this purpose. Thereupon, the accused made a fire with country made pistol with intent to commit murder of the complainant. The pellets of the country made pistol hit in the right leg of the complainant and he fell down on the ground after sustaining injuries. The complainant raised alarm and on hearing the noise Sri Shanker, Jagnarain and other arrived there and saw the occurrence in the light of electric bulb. They had seen and recognized the accused very well.