LAKHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 21.08.2009 passed by the Additional Sessions Judge/Fast Track Court No. 3, Jalaun at Orai in ST No. 67 of 2006, whereby the appellant Lakhan Singh has been convicted and setnenced to ten years rigorous imprisonment under section 307 IPC and a fine of Rs. 3000/ -, life imprisonment under section 3(2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as "SC and ST Act") and a fine of Rs. 1000/ - with default stipulation.

(2.) In short compass the facts giving rise to the present appeal are that an application was moved by Chaturbhuj, son of Shri Sumer, resident of Minaura, Kalpi, police station Kotwali Orai which was addressed to the Inspector -In -charge of the police station Kotwali, Orai at 8.00 PM on 10.6.2006 mentioning therein that when his father was sitting on the cot in front of his house along with several other persons of the family, at that time Lakhan, son of Radhey, who is inimical to them, came there armed with country made pistol and with an intention to kill, fired at his father. The bullet hit his father below his shoulder due to which his father became injured. The incident was witnessed by the informant, his dauther Surekha and his aunt Ramiya.

(3.) On the basis of the aforesaid report, a case was registered against the accused -Lakhan Singh under section 307 IPC, which was entered in GD vide report No. 27 on 10.6.2006 at 11.30 PM. After the registration of the case, the injured was sent to the District Hospital, Orai through police for his medical examination.