MUKUL CHAND MANDAL Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment of Sri. R.N. Sharma, Sessions Judge, Nainital convicting Mukul Chand Mandal under Section 304 of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for seven years.

(2.) The prosecution case as contained in the First Information Report Ex. Ka-5 is that the appellant Mukul Chand Mandal and the co-accused Han Pad Mandal who was acquitted by the Sessions Judge checked Baron Dungi at 8.30 a.m. on 13/10/1978 from interfering with the demarcation stone and the piled earth which, according to them, indicated the extent of Baron's field. This annoyed Baron Dungi and a Marpeet started between them. Charu Chandra Kaviraj, Narain Tapali, Praphull Tapali and Sunil Kaviraj intervened to pacify them. Mukul Chand Mandal appellant, however, paid no heed to them. He brought his licensed gun from his house and shot at Barun Dungi who was injured in his left thigh. The younger brother of Barun Dungi named Sheo Pad snatched the gun from Mukul Chand The father of Baron named Jogesh Dungi went with it to the police station Rudrapur and lodged this report Ex. Ka-5.

(3.) The constable Moharrir Noniram prepared the recovery memo Ex. Ka-3 in respect of the S.B.B.L. Gun No 28161 which had been deposited by Jogesh Dungi.