MAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri. Ajay Vikram Yadav and Shri. Raja Singh, learned counsel for the revisionist and Ms. Alpana Singh, learned A.G.A. appearing for the State.

(2.) This criminal revision has been preferred against the judgment and order dated 3.1990 passed by the Sessions Judge, Fatehpur, in Criminal Appeal No. 84 of 1989 dismissing the appeal of the revisionist and affirming the judgment and order dated 15.11989 passed by the Assistant Sessions Judge, Fatehpur in S.T. No. 166 of 1988 convicted the revisionist under section 307, I.P.C. and sentenced him to undergo five years rigorous imprisonment and pay fine of Rs. 1,000/-. In default of payment of fine to undergo further rigorous imprisonment of six months.

(3.) The brief facts of the case are that in the night of 29/30/8/1987 at about midnight Shyam Krishna Tewari was sleeping in the varandah outside his house. Three persons scaled the boundary-wall, in which one was accused-appellant, Man Singh and other two were not known from before. Accused Man Singh fired at Shyam Krishna Tewari, which hit in the chest of Shyam Krishna Tewari. Shyam Krishna Tewari took courage and pressed the injury of the chest by one hand and caught hold of the Katta from the other hand. He made an alarm to his brother, Ram Krishna, complainant calling "Ramu run. Man Singh has fired over him." On his alarm the complainant, his sister, mother and younger brother ran outside the house and made an alarm. On hearing the alarm all the three culprits tried to run away but Shyam Krishna Tewari did not release Man Singh. At this the other Badmash gave a Kulhari blow at the head of Shyam Krishna. He fell down. The uncle of the complainant (Ram Chandra Tewari) who was residing at a distance of 100 yards also came but they could not gather courage to fight with the assailants. Therefore, the assailant became successful in running away. By the side of Shyam Krishan a Philips Radio, one wrist watch, one torch, and one iron rod were kept which the culprits took away while running. The occurrence is said to be of the mid night of 29/30.07.1987. The FIR was lodged at 3:30 a.m. at the police station Khaga while the place of occurrence is at a distance of 12 kms. from the police station. In this context looking to the night, the injuries of the injured and the distance of the police station the F.I.R. cannot be said to be delayed. The F.I.R. was written on the spot by Ram Krishna Tewari, who took the victim on a tractor and lodged the FIR at the police station. The case was registered in the G.D. at Rapat No. 3 at 3:30 a.m. on 30.07.1987. The copy of the G.D. is Ext. Ka. The chik report prepared on the basis of the original FIR Ext. Ka. 1 is Ext. Ka. 2. The investigation of the case was taken up by the S.I. Sri. Jagannath Singh, who visited the spot and took the blood stained chadar on which Shyam Krishna was lying and prepared the Fard Ext. Ka. 7. He also took blood stained Baniyan of the injured and prepared Fard, Ext. Ka. 8. On the spot the I.O. prepared the site plan Ext. Ka. 6 and after the investigation was completed he submitted charge sheet, Ext. Ka. 9 in the court. The injured was sent for medical examination at P.H.C. Khaga and was medically examined there at 4.40 a.m. of the said night. The doctor has found three injuries on the person of the victim, which are reproduced below:-