STATE OF U P Vs. HARNAM SINGH

JUDGEMENT

(1.) G. B. Singh, J. This is State appeal against the judgment and order dated 13-1-1982 acquitting Harnam Singh and Nawab Singh for the offences under Sections 307 and 307/34,i. P. C.

(2.) HARNAM Singh, respondent No. 1 is son of Nawab Singh, respondent No. 2. They are residents of Barkhera Police Station, Behta Gokul, district Hardoi. Ashok Kumar Singh injured is also a resident of that village. The case of the prosecution was that the respondents were on inimical terms with Ashok Kumar Singh. On 24-11-1979 at about 5. 30 p. m. while the injured was coming from his field and taking grass to his house, HARNAM Singh and Nawab Singh met him on way near the grove of Ahibaran Singh. Nawab Singh was armed with a gun whereas HARNAM Singh was carrying lathi. HARNAM Singh exhorted Nawab Singh to kill whereupon Nawab Singh fired his gun against Ashok Kumar Singh injured but it misfired. HARNAM Singh then started belabouring him with lathi. On the alarm raised, Ahibaran Singh and Unnu who were working in the neighbouring fields rushed and on their intervention he was saved. In the assault the injured received several injuries.

(3.) ON behalf of the prosecution Ashok Kumar Singh (P. W. 1) and Ahibaran Singh (P. W. 2) were examined as witnesses of the occurrence.