STATE OF U P Vs. BRIJ BIHARI

JUDGEMENT

(1.) This is a Government Appeal filed on behalf of the State of U.P. from judgment and order dated 22 nd of October, 1997 passed by III Additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 61 of 1992 State v. Bhoora and another acquitting both the accused of the charge levelled against them under Section 307 read with 34 IPC.

(2.) Brief facts giving rise to this appeal are that at 9:25 p.m. on 20th of June, 1991 Uma Shanker lodged an FIR at police station Kalpi situate at a distance of 3 kms. from village Deokali alleging that his cousin brother Durga Prasad @ Dularey was married with Lalita sister of Ram Sewak Pradhan, village Shekhpur Gurha and came to his matrimonial house yesterday after 'Gauna' ceremony. One Bhoora resident of village Dadhen situate adjacent to village Shekhpur Gurha across the river was inimical with Ram Sewak and had asked Uma Shanker not to marry his cousin brother with Lalita but their marriage was settled and solemnized. At about 7:00 p.m. on 20th of June, 1991 Smt. Lalita was sitting on the roof of her matrimonial home that Bhoora went on the roof of the house of Ram Narain and fired at her with country made pistol hitting at her forehead and thereafter went towards the house of Brij Bihari; that as Uma Shanker and Om Prakash chased Bhoora he entered the house of Brij Bihari and that immediately Brij Bihari caught hold of Uma Shanker and in the meanwhile Bhoora succeeded in making his escape good. The said occurrence was witnessed by one Hari Shanker, Ram Ratan and Bhavanidin. Uma Shanker also alleged that Bhoora in collusion with Brij Bihari fired at Smt. Lalita hitting at her forehead. The police registered a crime against both the accused under Section 307 IPC and made entry regarding registration of the crime in the general diary. Injured Lalita was medically examined by Dr. Mumtaz Ali siddiqi, Medical Officer, Government Male Hospital Kalpi at 10:00 p.m. the same night. Her medical examination revealed a small circular lacerated wound measuring 1/5 cm in diameter with inverted margins on night side of forehead 5 cm above medial end of right eyebrow and hairs around the wound were burnt. Swelling was present around the wound in the area of 4 cm x 4 cm. On probing the wound was found about 1 cm deep. The doctor opined that the injury was caused by firearm and fresh in duration. The doctor advised x-ray of the skull and the injury was kept under observation. SI Nihal Singh to whom investigation of the crime was entrusted visited the scene of occurrence, inspected the site and prepared its site plan map (Ext. Ka 4). He also picked up pellets lying at the scene of occurrence and also collected blood-stained and simple grit therefrom and prepared their memos (Exts. Ka 2 8s Ka 3). He also recorded statements of the witnesses and did other necessary things. After completing the investigation he submitted charge-sheet against the accused accordingly (Exts. Ka 5 and Ka 6).

(3.) After framing of charge against the accused the prosecution examined Smt. Lalita (PW 1), Uma Shanker (PW 2), Ram Ratan (PW 3) and Om Prakash (PW 4) as eyewitnesses of the occurrence. PW 6 Dr. Mumtaz Ali Siddiqi who medically examined Smt. Laita, the injured has proved the injury report (Ext. Ka 9). PW 5 SI Nihal Singh who investigated the crime has proved the police papers.