DHARMENDRA @ DHUNNI Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Dharmendra @ Dhunni has filed this criminal appeal challenging the judgment and order of conviction dated 10.05.1996 passed by IVth Additional Sessions Judge, Unnao, in S.T.No.444 of 1994, whereby he along with one other has been sentenced to undergo rigorous imprisonment of five years under Section 326 IPC.

(2.) THE prosecution case, in short, is that on 27.08.1992 at about 7.30 a.m. when the informant was going to attend the call of nature in his field, Uma Shankar met him and asked as to why he was unnecessary helping Ram Sundar. When the informant said that he had no concern with Ram Sundar, Uma Shankar started abusing. It is said that an altercation took place between them and Uma Shankar became furious and took out his licensed gun. His son Dharmendra who is the present appellant also came armed with a country made pistol. Both of them opened fire. The younger son of Uma Shankar, namely, Mahendra Singh assaulted with bricks. It is said that as a result of assault by them, the cousin of the informant, namely Ram Sundar, the daughter of the informant Amita Singh, his son Anoop Kumar and wife Ramkala received fire arm injuries. The informant lodged the First Information Report with the police at 10.30 a.m. upon which a case was registered against the appellant and two others. The police after investigation submitted charge -sheet against all of them under Sections 307 and 336 IPC.

(3.) THE prosecution in order to prove his case examined nine witnesses and the learned trial court on appraisal of evidence concluded that considering the nature of injury, no offence under sections 307 IPC and 336 IPC is made out. The son of Uma Shankar, namely, Mahendra Singh was acquitted of all the charges, Uma Shankar was convicted under section 326 IPC and was sentenced to undergo rigorous imprisonment of seven years while the appellant was sentenced to undergo rigorous imprisonment of five years.