MADAN SINGH Vs. STATE

JUDGEMENT

(1.) THE decision of these appeals rest on the credibility of the evidence of Rajendra Prasad Gupta (PW1), injured, a young lad of about 18 years, resident of village Dhata within police station Khakheru, District Fatehpur, because the only other eye witness examined Jeet (PW2) resident of village Dhata appears to be in the habit of giving evidence in cases.

(2.) REMARKABLE feature of the case is that Dr. Ram Sajiwan Shukla (PW5), who examined the injured, Jageshwar Prasad, S. I. (PW4), who investigated into the case and the prosecuting agency did not faithfully perform their duties.

(3.) THE case of the prosecution against the appellants and Gappu Singh alias Prem Singh, brother of Lalla Singh, appellant was that on 5-5-1974 at about 7.30 a.m. Rajendra Prasad Gupta was going from his village Dhata to his field in village Ketmai to bring the harvested Arhar crop, that when he reached on the culvert all the four persons came out from behind a tree, that Madan Singh had a country made pistol, that 3 other persons had lathis, that the lathiwalas immediately began to assault Rajendra Prasad Gupta avowedly saying that he be killed, that thereupon Rajendra Prasad ran backwards, that Madan Singh fired a shot from his buck side, that Jeet (PW 2) and one Budhari came up and reprimanded the assailants, who bolted away towards east and the said witnesses took him to his house.