RAM SWAROOP Vs. STATE OF U.P.

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 13-1-2006 passed by Sri Mayank Kumar Jain, the then Additional Sessions Judge (FTC-3), Hardoi convicting the sole appellant under Section 307, I.P.C. and sentencing him to undergo rigorous im­prisonment for five years and to pay a fine of Rs. 1.000/-, in default three months' additional imprisonment, and acquitting co-accused under Sections 307/34 and 506, I.P.C.

(2.) BRIEFLY stated the facts of the case are that on 19-11-1996 at about 7.00 p.m. one Sri Krishna lodged a report at Police Station Shahabad saying that on the same day at about 5.30 p.m. while he was coming back from the tube-well of Nabi Jan Khan resident of Mehmand and was on his way towards his house, in front of tube-well of Sri Ram near the grove of Perumian then Ram Swaroop and Satish belonging to his Mohalla appeared with country made pistols in their hands. They started abusing him and when he ob­jected, Ram Swaroop fired at him by his country made pistol inflicting injuries on his arm and back. On his raising alarm Nabi Jan Khan, Brij Lal and Angne Lal rushed to his rescue and the accused per­sons filed away from there after threaten­ing him. His injuries were examined at Primary Health Centre Shahabad on the same day. After recording the statements of witnesses and completing other for­malities of investigation the charge-sheet was submitted against two persons named above. After taking cognizance the learned Magistrate committed the case to the Court of Sessions where charges under Section 307, I.P.C. against appel­lant and under Sections 307/34 and 506, I.P.C. against co-accused Satish were framed. The accused denied the charges and claimed trial.

(3.) IN the statements under Section 313, Cr.P.C. it was contended by the ac­cused persons that there was a litigation between the two factions but the incident was denied. No oral evidence was ad­duced in defence. However, three docu­ments were filed in defence.