PAPPU @ SATISH Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the accused-appellant, is directed against the judgment and orders dated 23.06.2013 passed by Shri Yogendra Singh, Additional Session Judge/Special Judge (Gangsters Act) Bareilly, whereby the appellant was convicted under section 307 I.P.C and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs.10,000/, failing which to undergo further imprisonment for a period of six months.

(2.) Heard Sri Krishna Gopal, learned counsel for the appellant, Sri Ram Manohar, learned A.G.A for the State respondent and perused the record.

(3.) Learned counsel for the appellant in support of his appeal has clarified at the very out set that he is not questioning the complicity of the appellant in the occurrence and his submissions are only directed against the finding recorded by the learned trial Judge, whereby he held the appellant guilty of committing attempt to commit murder of Sher Singh punishable under section 307 I.P.C and awarded the sentences mentioned above. His argument is that from the medical evidence consisting the statement of Dr. Ram Manohar PW-7 and Dr. Vishnu Kumar PW-8, injury report Ext.Ka-10, X-ray report Ext.Ka-9 and Supplementary report Ext.Ka 11, no case under section 307 I.P.C is made out. Neither the doctor recorded the injury dangerous for life nor he made such an entry in the injury report and the supplementary report. He has further submitted that neither any entry was made to this effect in the injury report nor any grievous injury was found during X-ray.