KALICHARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 30.07.2012 passed by Sri Chander Pal Singh, the then Addl. Sessions Judge, Court No.5, Budaun in S.T. No. 1121 of 2006 arising out Case crime no. 397 of 2005 u/s 307/34 IPC P.S. Mujaria District Budaun whereby the appellants have been convicted for the offence punishable under section 307/34 IPC and each had been sentenced to undergo rigorous imprisonment for eight years and fine of Rs. 5,000/- with default stipulation.

(2.) Tersely the facts and evidence unfolded during investigation and trial are that complainant Sabinder Singh s/o Chander Pal r/o Village Sabdalpur P. S. Mujaria District Budaun submitted a written report with the police on 25.8.2005 at 1.30 p.m. wherein he stated that about 12-years ago Ahalkar and others had got his father implicated in the murder case of their father, but for quite some time they were living harmoniously. However, they bore enmity from inside. Today he along with his father had gone to the field for cutting fodder then at about 12 O'clock in the noon Ahalkar s/o Mathuri, his elder brother Kali Charan and younger brother Peshkar armed country made pistols and Durmeen carrying gandasa arrived there and hurling abuses all the three fired one shot each on his father and Durmeen assaulted him with gandasa. After sustaining injuries his father fell down in the field. On their alarm villagers Dharmendra son of Raghubir Singh and Shyam Lal s/o Ram Swarup challenging the accused persons arrived there and then they made their escape good towards northern side. The report further stated that the family members of the complainant had taken his father to the hospital. On the basis of this report case at Crime no. 397/05 u/s 307 IPC against Ahalkar and three others was registered at the police station, investigation whereof was entrusted to SI Ram Khilauna Sharma. Ere that injured Chander Pal was taken to District Hospital, Budaun by his son Virjendra, where he was medically examined by Dr. Virendra singh at 3.35 p.m. on 25.8.2005 and he found the following injuries on his person:

(3.) After committal of the case to the Court of Session charge for the offence punishable u/s 307/34 IPC was framed against the accused-appellants, who abjured their guilt and claimed trial.