MOTI LAL Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Moti Lal son of Bhoga has filed this appeal against the judgment and order, dated 19-7-1983 of Sri A. K. Agarwal, Vlth Addl. Sessions Judge, Unnao, in S. T. No. 85 of 1982 convicting the appellant under Section 307 I. P. C. and sentencing him to 5 years R. I.

(2.) THE case of the prosecution case is that on 7th November 1980 at 9. 00 P. M. (day of Deepawali) Brij Lal P. W. 2 was returning after purchasing sweets and when he reached near the house of Moti Lal, he found Amar Nath indulging in abuses. Brij Lal asked him not to do so. Meanwhile, Moti Lal came out of his house and saying that Brij Lal be killed fired a shot resulting injuries to Brij Lal.

(3.) THE margins of all the wounds were inverted. THEre was no blackening or charring. All the injuries had been caused by fire-arm. Injury No. 1 and 2 were kept under observa tion. Injury No. 3 was skin deep and according to the doctor the injury was simple in nature.