SHIV KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The instant criminal appeal has been preferred on behalf of accused-appellant Shiv Kumar @ Shibbu s/o Sri Raj Kumar, r/o Khurja, P.S Khurja Nagar., District Bulandshahar challenging the impugned judgment and order dated 16.7.1997 passed by Additional Sessions Judge, Bulandshahar in Sessions Trial No.503 of 1996 (State vs. Shiv Kumar @ Shibbu) arising out of Case Crime No.101 of 1996, under Section 307 of the Indian Penal Code, Police Station Khurja Nagar, District Bulandshahar whereby the accused-appellant has been convicted for commission of offence punishable under Section-307 of the Indian Penal Code and sentenced to undergo seven years of rigorous imprisonment and to pay a fine of Rs.2,000/- with default sentence of six months rigorous imprisonment.

(2.) The origin of facts emanating from the prosecution in a short conspectus is that on 5.3.1996 at 11:05 A.M., an oral report was got registered by Constable 501 Shish Pal at PS Khurja Nagar to the effect that on 5.3.1996 he and Constable 1533 Rajesh Kumar were deputed at Padam Singh Gate and Mohalla Dukani to maintain law and order situation on the occasion of Holi. At around 10:30 am, a fire sound came, acting which both of them went towards there and saw a huge gathering of people. Shiv Kumar alias Shibu Nai s/o Rajkumar had fired gunshot on Rahul s/o Khem Singh Chaudhary r/o House No 83, Mohalla Dukani Kasba, P.S. Khurja, Bulandshahr causing gunshot injury on his face who became critically injured. Shiv Kumar alias Shibbu was caught by the local people and someone from the crowd took away his country-made pistol. Subsequently, Rahul was taken for medical treatment by his family members. The complainant with the help of fellow employee taking away Shiv Kumar alias Shibbu from the clutch of residents of the locality lodged him to police station.

(3.) On the basis of aforesaid oral report, chik FIR (Ext. Ka-1) of the said incident was registered on 5.3.1996 at 11:05 A.M. at Police Station Khurja Nagar against the accused-appellant under Section-307 of the IPC mentioning entry thereof at G.D. No. 19 (Ext. Ka-5). The investigation of this case was entrusted to S.I. Ram Babu Singh.