JASWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. Shri R. R. Jatav, the then IIIrd Additional Sessions Judge, Hamipur vide his judgment and order dated 11- 6-1980 had convicted the accused appellant Jaswant Singh under Section 307, I. P. C. and sentence him to undergo R. I. for a period of three years on the basis of allegation of the prosecution to the effect that the accused appellant was responsible for causing injury by men of a country made pistol to Shri Shiv Bahadur Singh PW 1 on 28th November, 19/5 at about 7. 00 a. m. in village Bhabhaura, P. S. Surerpur, district Hamirpur with such intention and knowledge and under such circumstances that if by that act Shiv Bahadur Singh would died the accused appellant would have been guilty of murder. Feeling aggrieved by the said judgmet and order, the accused appellant has come up in appeal before this Court.

(2.) I have heard Sri V. R. Srivastava, learned counsel for the accused appellant and Shri Lal Vijay Singh, learned Additional Government Advocate for the State; considered their contentions and have gone through the facts and circumstances of the case.

(3.) ACCORDING to the evidence of Dr. T. D. Singh the injury in question could have been caused by means of a country made pistol on the date and time of the occurrence.