STATE OF U.P. Vs. RAJENDRA PRASAD UPADHYAYA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 8.2.1979 passed by the Sessions Judge, Azamgarh whereby the appeal of the respondent Rajendra Prasad Upadhyaya was allowed and his conviction and sentence under section 307 I.P.C. set side and the appellant was acquitted. The facts of the case are that one Dr. P.P. Gupta was posted as Medical Officer Incharge Barhalganj Dispensary in the Police Station Chairyakte, District Azamgarh. The respondent Rajendra Prasad Upadhyaya who was Pradhan of his village and he was influential person and was bearing grudge against Dr. Gupta who was a Medical Officer posted in that dispensary. The respondent had given several complaints against Dr. P.P. Gupta and made representation to the Higher Authorities for transfer of Dr. Gupta. On 9.11.1969 Dr. Gupta had written to the Civil Surgeon, Azamgarh regarding harassing tactics of the respondent. The relationship between Dr. R.P. Gupta and respondent Rajendra Prasad Upadhyaya were strained.

(2.) GUNSHOT wounds of entry in an area of 5" x 21/2" at the back of left forearm, just 'below the elbow joint 1/10" x 1/10" each.

(3.) INCISED wound 1 1/4" x 1/2" x 4" directing upwards on the outer aspect of left side 6 1/2" above knee joint, gaping and bleeding present.