LAWS(ALL)-2008-4-64

ASHOK KUMAR Vs. STATE OF U P

Decided On April 04, 2008
ASHOK KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. The accused is charged under Sections 307, 504, 506, I. P. C. .

(2.) ACCORDING to the prosecution version the injured person who is the brother of complainant had gone to the house of the accused to protest about the crop of Bhindi which had been destroyed by the catties being allowed to graze the same with the connivance of the accused and then at the instance of two other ac cused who are father and brother of the accused-applicant, the applicant-ac cused is said to have fired on the injured person causing injuries on his head on. right parietal region and on the right shoulder as will appear from the Medical Examination Report.

(3.) IT has been pointed out by the Counsel for the accused that injury No. 3 in the injury report shows that there are abrasion also on the right parietal region which could not be caused by the fire arm and it appears that the prosecution has not given a full and true picture of the event. IT is not unlikely in the circumstances that some aspects of the happening have been suppressed.