ABDUL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgement and order dated 19th Dec., 1979, of Sri Jaswant Singh, III Additional Sessions Judge, Bijnor convicting the appellant under Sec. 307, Indian Penal Code and sentencing him to undergo three years rigorous imprisonment and to pay a fine of Rs. 500.00 and default of payment of fine to undergo three months further rigorous imprisonment.

(2.) The prosecution story in brief is that the informant Hori Singh took the land of Izhar Hussain on Batai. He was growing crop over this land. His paddy crop was damaged upon which altercation and Marpit took place between Hori Singh and the appellant. Since then the appellant became inimical to Hori Singh. On 13th November,1976 at about 6 p.m. when Hori Singhwas going from his field to his village Amirpur. Samru Hasan son of Izhar Hussain and Amar Singh, nephew of the informant were also going. Whey then reached the sugar cane field of Batua Kumhar and were on the chak-road the appellant came out of the sugar-cane field and gave exhortation that he would teach a lesson to him for the previous fight and he immediately thereafter fired from a country made pistol upon Hori Singh. Hori Singh sustained injuries over his head. The incident was seen by the persons named above, who were behind Hori Singh. The first information report was lodged thereafter and Hori Singh was sent for medical examination.

(3.) The prosecution examined (P.W.1) Amar Singh, the injured (P.W.3) Hori Singh and (P.W.4) Samru Hasan, besides the Medical Officer, Investigating Officer and other formal witnesses were examined.