FATEH BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Fateh Bahadur Singh has come up in appeal against the judgment and order dated 21.9.83 of Sri S.C. Srivastava, II Additional Sessions Judge, Sultanpur in Sessions Trial No. 42 of 1983 convicting the appellant under Section 307 I.P.C. and sentencing him to 5 years R.I. and a fine of Rs. 400/-. In default of payment of fine, the appellant has been directed to undergo 6 months further R.I.

(2.) According to the prosecution case, informant Satyadeo Yadav had purchased a Khandhar from Raj Bahadur Singh which was numbered as 1680 and on that place appellant had constructed his house and a hotel and a civil litigation was in progress between Raj Bahadur Singh and the appellant. The appellant got annoyed by the sale deed executed in favour of informant Satyadeo Yadav and he threatened Satyadeo Singh a day before the indent after execution of the sale deed On 28.11.82 at about 1 p.m. when Satyadeo Singh was going on a cycle from his village Kadipur for getting the battery of the loud speaker charged, the appellant met him at the shop of Badri and he fired at Satyadeo Singh on his chest. This incident took place on 28.11.82 at 1 p.m. and Satyadeo Singh lodged F.I.R at 1.45 p.m. at the Police Station which was three miles from the spot. Injuries of Satyadeo Singh were examined by PW 6 Dr. A.C. Joshi, Medical Officer, District Hospital at 4.30 p.m. The Doctor found the following injury on the person of Satyadeo Singh: Multiple gun shot wounds in an area of 8 cms. x 6 cms. over front of the chest. The average size of the wound is 0.7 x 0.7 cm. The surface of the wound is covered with clotted blood, which on removal caused oozing out of blood. There was no blackening or tattooing. Surgical emphysema were present in the surrounding area. No wound of exit was present.T The injury was kept under observation and X-ray was advised. The injury was fresh in duration and was caused by some fire arm.

(3.) After due investigation, the appellant was charge-sheeted and was committed to the Court of Session. The appellant pleaded not guilty and dammed to be tried. In support of its case, the prosecution examined PW 1 Satyadeo the injured PW 2 Mahadeo and PW 3 Jairam are as eye witnesses. PW 6 Dr. A.C. Joshi medically examined Satyadeo. PW 5 Dr. O.P. Sharma was the Radiologist and conducted X-ray examination and found three circular opaque shadows like pellets present in the chest of the injured. PW 4 S.I. Gulab Singh has stated that the F.I.R was lodged in his presence and he thereafter investigated the case. The appellant did not examine any witness in his defence. After scrutinizing the evidence on record, the learned Sessions Judge has convicted and sentenced the appellant as mentioned above.