BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Babu Ram has been convicted and sentenced to undergo rigorous imprisonment of three years under Section 324 IPC along with a fine of Rs.3000/ -. In case of default in payment of fine, he has to undergo further rigorous imprisonment of one year.

(2.) AS per the prosecution case, the occurrence took place on 09.02 1991 at about 12.30 in the mid night when the informant and his brother Raja Ram were separately sleeping when the appellant called upon the informant. It is said that the informant as well as his brother Ram Dev and Raja Ram all woke up and came to the entrance door of their house. As soon as they reached there, the appellant opened fire with the country made pistol, as a result of which the injured Ram Sahai Verma received fire arm injury and fell on the ground. He was immediately taken to the police station where the report was lodged by the informant and Ram Sahai was sent to the hospital for treatment. The police on the basis of the written information registered a case against the appellant and after investigation submitted charge -sheet under Section 307 IPC for the offence of attempt to commit murder.

(3.) THE prosecution examined five witnesses during trial, but on appreciation of evidence the learned trial court found that no offence under Section 307 IPC is made out against the appellant. However, the appellant was found guilty of causing simple injury with fire arm and the learned trial court recorded a conviction under Section 304 IPC.