CHUNNU LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Virendra Singh Parmar, learned counsel for the appellant and Sri Purushottam Maurya, learned A.G.A. for the State-respondent.

(2.) This appeal under Sec. 374(2) Cr.P.C. is directed against the judgment and order dtd. 7/6/1984 passed by the learned Sessions Judge, Fatehpur, in S.T. No. 247/83 (State v. Chunnu Lal), whereby the appellant Chunnu Lal has been convicted for the offence punishable under Sec. 307 I.P.C. and sentenced to undergo rigorous imprisonment for five years, in connection with Case Crime relating to P.S. Jahanabad, District Fatehpur.

(3.) The prosecution case, in brief, is that a marriage party (barat) of Sheo Charan Sachan had gone to village Khairabad, P.S. Jahanabad, District Fatehpur, at the house of one Dhani Ram Sachan, and had put up at a school building where refreshments were being served on behalf of the bride's side. It is alleged that while the appellant was serving refreshments and drinks to the Baratis, he mischievously poured drinks upon the clothes of some of the Baratis, and thereafter, while serving the complainant Satish Chandra Sachan, repeated the same act. On the complainant protesting against this conduct, the appellant is alleged to have got infuriated and, after threatening the complainant, moved away. It is further alleged that later, when the marriage party was proceeding towards the house of the bride and paused near the house of Gaya Prasad, Jagdamba Prasad, Saddu and others so that the young men in the party could perform a dance, the appellant came from behind the complainant and fired at him with a country-made pistol, causing a firearm injury on his back. On the alarm raised by the complainant, persons in the vicinity rushed towards the appellant, but he could not be apprehended and fled the spot while threatening the onlookers with the pistol.