KRISHNA Vs. STATE OF U P

JUDGEMENT

(1.) G. B. Singh, J. This is an appeal against the conviction and sentence of Krishna-appellant for the offence under Section 307, I. P. C.

(2.) THE case of the prosecution was that Krishna, appellant on 29-11-1983 at about 4. 30 p. m. in front of the office of Executive Engineer Hydel Depart ment, Sultanpur Police Station Kotwali, Sultanpur fired country made pistol upon Vinod Kumar and thereby caused several lire arm injuries to him. On the alarm raised Krishna and his associates ran away. THE occurrence was seen by several persons present on the spot. It was also the case of the prosecution that Jagannath Lal father of Vinod Kumar injured, on one hand, and Avanendra Pratap Singh and Surendra Pratap Singh, on the other, are on ligitating terms since long. Jagannath Lal won some of the cases against the two persons on account of which they were harbouring ill-will against him and his sons Vinod Kumar and Sudhir Kumar. Vinod Kumar is a Revenue Clerk in the office of the Executive Engineer Hydel Department, Sultanpur whereas his elder brother Sudhir Kumar is Lekhpal in Tahsil Sadar. Shailendra alias Pappu son of Surendra Pratap Singh is a bad character. Krishna accused is his associate. Krishna attempted to commit murder by firing country made pistol at the instance of Shailendra alias Pappu. On 29-11-1985 at about 4. 30 p. m. Sudhir Kumar had gone to the office of Vinod Kumar inform him that he was going on portal and so he would not go to home. Vinod Kumar had come out of the office to leave his brother and while proceeding towards north from the office with that object, Krishna fired country made pistol upon him.

(3.) ON behalf of the prosecution, seven witnesses were examined. Durga Prasad (P. W. 1), Ram Tilak Singh (P. W. 2), Sudhir Kumar (P. W. 4) and Vinod Kumar (P. W. 6) are witnesses of the occurrence. Dr. R. S. Agarwal (P. W. 3) examined injuries and Clerk Constable Shafi Ahmad (P. W. 5) prepared chik report on the basis of the written report made by Vinod Kumar and made entry in the G. D. S. I. Shyam Narain Singh (P. W. 7) investigate the case.