SURYA NARAYAN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) THIS criminal appeal has been filed by the appellant - Surya Narayan Tiwari challenging the judgment and order dated 8.7.2003 passed by the learned Additional District and Sessions Judge/Fast Track Court No.5, Room No.14, District Sultanpur in Sessions Trial No.520 of 1998 (State of U.P. v. Surya Narayan Tiwari and others) whereby the appellant was convicted under Section 307 IPC and was sentenced him to undergo 4 years RI and fine of Rs.1000/ -.

(3.) THE prosecution case, in brief, is that on 27.7.1998, at about 7.30 PM the informant - Rama Shanker along with Ramesh Kumar Singh and Bachcha Singh was coming from vegetable market after purchasing vegetable, as soon as they reached in front of the tea shop of Ramdev, the accused persons Surya Narayan Tiwari, Ashok Kumar Tiwari and one more known person, reached there and started abusing them and threatened them to kill. When the informant forbade them from abusing, accused Ashok Kumar Tiwari asked to kill him and then the appellant Surya Narayan Tiwari turned back and with the intention to kill fired upon the informant by country made pistol as a result of which the informant received injury on his head. After hearing the sound of fire several persons reached on the place of occurrence, then the accused persons fled away by abusing and threatening. After receiving injury, the informant fell down and became unconscious. Ramesh Kumar Singh, Bachcha Singh and other persons took him for treatment to Primary Health Centre, Gauriganj, Sultanpur. When the informant felt some relief, he dictated the whole story of the incidence to one Shiv Nayak Singh. The story, mentioned in the application, was read before the informant, he put his signature on the application. This application was sent to Police Station Gauriganj, District Sultanpur by Shiv Nayak Singh and a case was registered. The prosecution has also stated that before this incident there were some hot exchanges between the informant and the accused persons for sitting in a jeep in a barat on account of which the accused persons has committed this offence.