GUDDAN Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal was filed by two accused Guddan and Tara Chand against the judgment and order-dated 15-10-1980 passed by Sri S.K. Agnihotri, the then Additional Sessions Judge. Aligarh in S.T.No. 2 of 1980, whereby he convicted accused Guddan under Sections 307 and 323 of Penal Code and sentenced him to undergo rigorous imprisonment for a period of four years and three months respectively. He was further found guilty under Section 25 of Arms Act and was directed to suffer rigorous imprisonment for a period of two years. Accused Tara Chand was also found guilty for committing offences punishable under Section 307 read with Section 34 of Penal Code and Section 25 of Arms Act and was sentenced to undergo rigorous imprisonment for a period of 15 months and one month respectively thereunder. All the sentences of both the accused were directed to run concurrently.

(2.) During pendency of this appeal, appellant no. 2 Tara Chand son of Kali Charan expired and his appeal stood abated by order of this Court dated 15-12-2003.

(3.) Briefly stated, the facts of the case were as under: - PW 1 Kanti Prasad and PW 2 Desh Raj sons of Soran Lal were real brothers and both lived in Mohalla Sarai Mansingh Police Station Shasnigate, Aligarh. PW 2 Desh Raj was elder brother. Both brothers were working on the furnace on 28-7-1979. On the same day, at about 3.00 p.m. Guddan son of Hasmukh accompanied by Tara Chand son of Kali Charan reached the house of informant (Kanti Prasad) and asked them as to why did they complain about them to Koltes of Misri Sarai. Desh Raj replied that he had made no complaint. Tara, who was having a cartridge, passed on the cartridge to Guddan, who took out his country made pistol. Tara asked Guddan to teach a lesson for making false complaint. Guddan filled up the cartridge in his Tamancha and fired at Desh Raj with a view to kill him. The pellets hit at the right shoulder of Desh Raj and he sustained grievous injuries. Kanti Prasad and his brother Prem Pal, Tara Chand and his uncle Kali Charan arrived there. Lekhraj and others also reached there and they succeeded in apprehending Guddan on the spot after using force. Guddan was apprehended by the informant along with Tamancha and cartridge. He, however, struck barrel of pistol on the head of Kanti Prasad and caused injuries.