SARJU Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the order dated 29 9-1978 by Sri Chandra Bhushan. Shah, learned IV AddI. Sessions Judge, Shahjahanpur who convicted the appellant under Section 307, IPC and sentenced him to five years RI. and a fine of Rs. 500/-. In default of payment of fine appellant was also ordered to undergo imprisonment for six months. A sum of Rs. 250/- out of the fine if realized was to be paid as compensation to Ram Singh, injured informent P.W. 1 by way of compensation, in Sessions trial no. 173 of 1976.

(2.) Appellant and injured are co-villagers; residents of village Gauhadia, police station Sehramau, district Shahjahanpur.

(3.) The incident occurred on 28.2.1975 at about 4 P.M. when there was sufficient day light. Injured was grazing his cattle in Jhawar along-with his co-villager lamadar. P. W. 2 and Jagdishwar who were also grazing their respective cattle towards the west of the village. She buffalo of Sarju appellant stayed in the field of Khem Karan in which wheat crop was standing. Sarju asked injured Ram Singh to take out she-buffalo of Sarju from the field of Khem Karan but Ram Singh did not comply. Appellant felt enraged and hurled abuses on Ram Singh who paid him in the same coin. Sarju took out a country made pistol from his fold and fired a pistol shot at chest of informant; however, lamadar and Jagdishwer challenged the appellant who decamped.