MUKUL CHAND MANDAL Vs. STATE OF U P

JUDGEMENT

(1.) U. K. Verma, J. 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 Chaud Mandal and the co-accused Hari Pd. Mandal who was acquitted by the Sessions Judge checked Barun Dungi at 8. 30 a. m. on 13-10-1978 from interfering with the demarcation stone and ihe piled earch which, according to them, indicated the extent of Barun's field. This annoyed Barun Dungi and a marpeet stated between them. Charu Chandra Kaviraj, Narain Tapali, Praphull Tapali and Sunil Kaviraj intervened to pacify them. Mukul Chand Mandal appellant, however, paid no head to them. He thought his licensed gun from his house and shot at Barun Dungi who was in jured in his left thigh. THE younger brother of Barun Dungi named Sheo Pad snatched the gun from Mukul Chand. THE father of Barun named Jogesh Dungi went with it to the police station Rudrapur and lodged this report Ex. Ka-5.

(3.) LACERATED wound 1 Cm. X Cm. X muscle deep on front of rt. frontal middle part.