VIRENDRA SINGH Vs. STATE O

JUDGEMENT

(1.) M. Chaudhary, J. This is a criminal appeal filed on behalf of the accused appellants from judgment and order dated 9th of September, 1981 passed by III Additional Sessions Judge, Gorakhpur in Sessions Trial No. III of 1977 State v. Virendra Singh and others convicting the accused appellants under section 148 IPC and sections 302 and 307 each read with section 149 IPC and sentencing each of them to two years' rigorous imprisonment, imprisonment for life and seven years' rigorous imprisonment respectively there under.

(2.) FACTS giving rise to this appeal in brief are that on telephonic information given by one Ishwar Chand Srivastava at 5:20 p. m. on 28th of July, 1976 a crime was registered against some unknown persons at police station Gorakhpur Kotvvali that some assailants fired at three persons in Mohalla Dileyjagpur. The police registered a crime under section 307 IPC and started the investigation. Investigation was entrusted to SI Bateshwar Nath Tewari who rushed to the scene of occurrence andfound injured Girish Pal there. He recorded statement of Girish Pal and sent him with Constable Ayodhya Prasad to District Hospital for his medical examination. Then he recorded statements of some witnesses including Sher Bahadur Pal. He also inspected the place of occurrence and prepared its site plan map and collected bloodstained and simple earth from the place of occurrence, prepared its memo and sealed the same in separate packets. He also collected cartridges, pellets, tiklies etc. lying at the scene of occurrence, sealed them in a packet and prepared their memo and did other necessary things.

(3.) GUNSHOT wound 3/10" x 3/10" on outer part of right arm upper portion. Advised x-ray.