(1.) The present appeal has been filed against the judgment and order dated 22.07.1997 passed by Sessions Judge, Sitapur, in Sessions Trial No.447 of 1995 arising out of Crime No.47 of 1991, Police Station Kamlapur, District Sitapur, whereby and whereunder the accused appellant was found guilty under Section 307 IPC and was sentenced to undergo rigorous imprisonment for a period of four years.
(2.) The brief facts giving rise to filing of the present appeal are that on 28.06.1991 the marriage ceremony of complainant Ram Prasad son of Babu Ram was going to be solemnized in the night. The Barat came to village Kushala Purwa within the Police Station Kamlapur where the members of the Barat reached during evening and the marriage party proceeded to Dwarchar at about 12.00 O'clock in the night while the informant Mewa Ram, Babu Ram, Badri and some other persons remained at the place where necessary items and ornaments for marriage were kept. During the period, a person reached there armed with firearm for looting the goods and inflicted firearm injury on the person of Babu Ram. The appellant-accused was seen in the gas lantern which was emitting sufficient light. The informant and other members present there made loud alarm and the persons, nearby, ran towards the place of incident and caught hold the accused-appellant Azad at the spot. In the meantime, Mahipal, Phool Singh and other persons also reached there and after taking the person committing the offence into custody, the first information report was given to the police and the accused Azad arrested at the spot was entrusted to the Constable of Police Station. The first information report was lodged and the injured was sent for medical examination to District Hospital Sitapur where he was medically examined by Dr. G.C. Verma. After investigation, charge sheet was filed against the accused-appellant . Learned Chief Judicial Magistrate took the cognizance and committed the case to the Court of Sessions where charges were framed against the accused Azad under Section 307 IPC for which he pleaded not guilty and claimed for trial. He had further stated that he has been falsely implicated in this case due to enmity.
(3.) In order to prove the prosecution case the witnesses were examined and the statement under Section 313 Cr.P.C., 1973 was recorded before the learned court below. Vide impugned order dated 22.07.1997, the accused-appellant was found guilty under Section 307 IPC and was sentenced to undergo rigorous imprisonment for a period of four years. Thus, the present appeal.
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