CHANDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed by Chandra Kumar alias Lalua and Ram Kumar against the judgment and order dated 9.4.1979 of Sri N.R Asthana. 4th Additional Sessions Judge, Bulandshahr, in Sessions Trial No. 458 of 1977 convicting Chandra Kumar under sections 307 and 323/34 I.P.C. and sentencing him to five years R.I. and to one years R.I. respectively, and convicting Ram Kumar under section 307/34 and section 323/34 I.P.C. and sentencing him to five years R.I. and to one years R.I. respectively.

(2.) The prosecution case is that one Chhoraman, P.W.2, had appeared as a witness against Jodhi and Babu in a murder case on account of which they were bearing grudge against him. Jodhi is the Pradhan of village Salabad, P.S. Shikarpur, district Bulandshahr while Eabu is a member Of the Land Management Committee of the Gram Samaj. The appellants are in cordial terms with Jodhi and Babu and are members of the same party. On 21.11.1975 at about 4.00 p.m. Chhoraman, P.W. 2 was ploughing his field end Nanua son of Babu and Ram Singh son of Liladhar were working with him. Babu and Jodhi armed with lathis, Ram Kumar armed with a pharsa and Chandra Kumar having a country made pistol arrived on the scene. All of them chastising Chhoraman told him that he would be taught a less in for appearing as a witness against them. Chhoraman was also abused. Jodhi and Babu thereupon struck Chhoraman with lathis and Ram Kumar gave a Pharsa blow, which however, did not hit him and struck a bull belonging to Chhoraman. A hue and cry was raised and Chhoraman ran helter and shelter to save his life but was fired upon by Chandra Kumar with the country made pistol hitting him. After receiving the shot Chhoraman fell down. A number of persons including Nanua, P.W.3, Ram Singh, Karam Chand, P. W. 4, rushed to rescue Chhoraman. All the accused then ran away. Chhoraman was thereafter taken to Primary Health Centre, Danpur where his injuries were examined by Dr. Iqbal Ali, P.W. 1, the same day at 9.00 p.m. The following injuries were found on the person of Chhoraman:

(3.) On 23.11.1975 a written report was lodged at P.S. Shukarpur at 8.15 a.m. The delay in lodging the first information report has been explained by Chhoraman by stating that as he was ill so the report was delayed and more so when the police station was at a distance of about 13 miles from the place of concurrence. A chik report was prepared and a case under section 307 I.P.C. was registered against Chandra Kumar alias Lalua, Raj Kumar, Jodhi and Babu.