MAIKU Vs. STATE

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order dated 17.09.1986 passed by Additional Sessions Judge, Fatehpur in Sessions Trial No. 399 of 1984 (State Vs. Maiku and others), arising out of Case Crime No.46/84, Police Station- Lalauli, District- Fatehpur, whereby the appellant- Maiku- has been convicted and sentenced to undergo 10 years R.I. coupled with fine of Rs.5000/- and default clause stipulates additional R.I. for one year.

(2.) Facts relevant for adjudication of this appeal appear to be that a written information at police station- Lalauli, district- Fatehpur on 20.03.1984 at 9.30 a.m. was given by Badlu (complainant), whereby allegations were made to the ambit that on 19.03.1984 some altercation took place between informant's relative- Lakhn s/o Dhadhu and co- villager Maiku. Informant's son Surajpal (P.W.3) admonished accused Maiku, which enraged the accused and he became inimical towards him (Surajpal). On the next day i.e. 20.03.1984, informant's son was brooming the floor infront of his house, when accused possessing countrymade gun in his hand appeared on the spot in company with others and began to extend abuses. Informant's son Surajpal asked them not to call by bad names, whereupon, Maiku at the exhortation of another co- accused fired with countrymade gun which caused injuries on the face and several parts of the person of Surajpal. On alarm being raised, Bijai s/o Dhadhu, Kamta s/o Kunware and others arrived on the spot and the accused made his escape good. This written report is Exhibit Ka-1.

(3.) Contents of written report were taken down in the check FIR- Exhibit Ka-2- at police station- Lalauli, district- Fatehpur on 20.1984 at 9.30 A.M. under section 307 I.P.C. at case crime no.46 of 1984. Relevant entries in G.D.- Exhibit Ka-3- were also made and case was registered.