RAM RATTAN Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 307, R. P. C. and sentenced to four years' rigorous imprisonment.

(2.) THE prosecution case was that Order 24-10-1957 Rattan Chand had gone to the shop of Dina Nath to purchase cigarettes. The appellant and one Prakash (since acquitted) also went there and assaulted the complainant with a hockey stick. The appellant fried to fire at him. From that place Rattan Chand then ran towards the Bazar and when he reached near the shop of one Jagan Nath the appellant is alleged to have shot him by a gun inflicting an injury on his left thigh. Thereafter the complainant along with his father left for Samba Hospital and was examined by the, doctor there. The doctor referred the complainant to Jammu Hospital and then the complainant was taken to Jammu Hospital where he reached at about 3-30 P. M. on the same day. The first information report was, however, lodged Order 25-10-1957 at 3 P. M. at the Police Station, Samba although the written report which was filed at the Police Station is dated 24-10-1957.

(3.) THE defence of the appellant was that he was falsely implicated due to enmity and that the complainant was really injured in Shikar.