JAWAHAR LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The accused appellant Jawahar Lal who was convicted under S.307, I.P.C.by Sri D.S.Ram, VI Additional Sessions Judge, Mainpuri, vide his judgment and order dated 21-9-1984 and was sentenced to undergo R.I.for a period of 4 years and to pay a fine of Rs. 4,000.00and in default of the payment of the same to further undergo R.I.for two years has become up in appeal before this Court.

(2.) The prosecution story briefly stated is as follows :- The complainant Rameshwar Dayal is the father of the injured Sanjay alias Pappu. The accused appellant, the complainant and the injured were all resident of City Mainpuri, P.S.Kotwali. The prosecution claimed that on 12-11-80 at about 7.30 p.m. in Mohalla Lohai, P.S.Kotwali, district Mainpuri, the accused appellant Jawahar Lal alongwith his five other associates viz. Hira Lal, Kanhaiya Lal, Ramesh Chand, Mahesh Chand and Vinod had formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly to cause the death of injured Sanjay, P.W.1, the accused appellants opened fire by means of a country made pistol and caused injuries. His other associates instigated and assisted the accused appellant in causing injuries to the injured. The injured Sanjay was immediately rushed to district hospital Mainpuri where he was examined by Dr. Suresh Tharaniya, P.W.3 who found the following injuries on the person of the deceased :- 1. Gun shot wound of entry 1/2 c.m. x l /2 c.m. x cavity deep on the front of right side chest 7 c.m. below to middle right elevicle. Margins were lacerated, inverted, tatoing, scorching absent. Wound not probed. Surgical emphysaue present. Profused bleeding. Injury kept u.o. and advised X-ray. 2. Gun shot wound of exit 3/4 c.m. x 3/4 c.m. x cavity deep on the back right side midial to lower end of scapula, Margines were lacerated and enverted, blackening, tatoing and scorching absent, wound not probed. Profused bleeding. Injury was kept u.o. and advised X-ray.

(3.) After usual investigation into the matter the accused appellant was convicted and sentenced as aforesaid. Hence the appeal.