TRILOK SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been pre ferred by the appellant against the judg ment and order dated 31-8- 1981, passed by the then Sessions Judge, Chamoli, in Sessions Trial No. 4/1981, convicting the accused/appellant Trilok Singh U/s 326 I. P. C. and sentencing him to undergo R. I. for 21/2 years.

(2.) ACCORDING to the prosecution the accused Trilok Singh and injured be longed to same pedigree. Dev Singh had three sons namely Dharam Singh (father of accused Trilok Singh), Kedar Singh (since deceased-husband of Smt. Raji Devi, P. W. 1 and father of Bhawan Singh, P. W. 2) and Shiv Singh (P. W. 3 ). As per the prosecution case on 12-11-1977 Bhawan Singh was returning back to his home from his school and at about 5 FM. , lj/2 kilometer prior to the village, Trilok Singh accused met him in the way. His daughter Km. Sarda was also with the accused Trilok Singh. The accused questioned Bhawan Singh as to why he had abused Km. Sarda and on his denial, he struck a stone on the head of Bhawan Singh with the result that he received injury. Thereafter when in the evening Bhawan Singh was present near the cowshed of Shiv Singh, Kedar Singh, father of Bhawan Singh, came there and questioned the accused as to why he had caused injury to his son. Thereupon the accused went inside his house, brought an unlicensed gun and fired a shot at Kedar Singh with the result he fell injured on the ground. The occur rence was witnessed by Smt. Raji Devi, Bhawan Singh and Shiv Singh. Then on 13-11-1977 at 8 A. M. Jaman Singh, Pradhan of the village, lodged the re port, Ext. Ka. 1 with the Patwari Circle Bura. On the basis of the written report, case was registered against the accused vide G. D. entry, Ext. Ka. 2. Patwari Narendra Prasad Mishra immediately went to the spot and prepared site-plan of the place of the occurrence, Ext. Ka. 3. The I. O. took into possession the paijama of the injured, vide recov ery memo Ext. Ka. 4 and sent the injured Kedar Singh for medical examination.

(3.) ON committal of the case to the Court of Sessions, the learned Sessions Judge discharged the accused Sher Singh from the offence U/s 25 (a) (e) of the Arms Act and framed charge U/s 307 I. P. C. against the accused Trilok Singh. The accused pleaded not guilty and claimed to be tried.