ROHTAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 26-2-1981 passed by Sri Ikramul Bari, the then IIIrd Addl. Sessions Judge, Bijnor in S.T. No. 317 of 1980, whereby he convicted the accused-appellant Rohtak of the offence 307, I.P.C. and sentenced him to undergo R.I. for a period of 7 years and to pay a fine of Rs. 200.00 and in default of payment of fine, to suffer R.I. for a period of 3 months.

(2.) The prosecution story is that Rohtash accused-appellant and his brother Anand had encroached upon the Kharanja of the Gaon Sabha in village Jalalpur Turk P. S. Nahtaur, District Bijnor by constructing a platform and had dismantled a Gram Panchayat platform, that Tara Singh injured P.W. 3 who was the Gram Pradhan had initiated proceedings under Section 133, Cr. P. C., that in consequence the platform was removed and Rohtash accused had to undertake to reconstruct the platform of the Gram Panchayat, that Rohtash had threatened Tara Singh injured with killing for initiating and pursuing the action, that co-accused Chandrapal is uncle of Rohtash, that he (Chandrapal) had ploughed the land reserved for Kuris in the village, that Tara Singh injured had initiated action against him (Chandrapal) in the Tehsil and he was forced to vacate the land, that co-accused Chandra Pal and accused-appellant Rohtash both entertained animosity towards Tara Singh injured, that on 12-12-1979 at about 8.30 a.m. Tara Singh injured was sitting on a cot on the Chabutra in front of his Baithak, and on the same cot his father Shyam Singh, his uncle Girdhari Singh and one Hori Singh of another village were also sitting, that accused-appellant Rohtash and co-accused Chandra Pal who were wrapped in blankets-approached the platform of Tara Singh injured from the southern Rasta, that they took a turn towards West on the North Eastern corner of the platform of Tara Singh injured that on reaching behind Tara Singh injured Rohtash accused-appellant whipped out a single barrel gun and immediately fired at Tara Singh and injured him, that accused-appellant Rohtash and co-accused Chandra Pal thereafter fled towards the jungle. The prosecution claimed that Ganda Singh P.W. 4 saw the occurrence from his door.

(3.) The F.I.R. of this case was lodged at the police station by Pritam Singh informant P.W. 5, the same day at 9.15 a.m. on the basis of which a case under Section 307, I.P.C. was registered. The medical examination of Tara Singh injured was made by Dr. Vijai Kumar, Emergency Duty Officer, District Hospital, Bijnor on 12-12-1979 at 10.00 a.m. He found the following injuries on his person;