POORAN SINGH AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal against the judgment and order of Sri M.K. Mital, Second Additional Sessions Judge, Jhansi dated 28-2-87 convicting Pooran Singh, Rajendra Singh and Mani Ram under Sec. 307 read with Sec. 34 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for four years.

(2.) The prosecution case briefly stated is that about 7 P. M. on 15-1-86 Mani Ram in accordance with the common intention of them all shot at Bir Singh with a country made pistol in order to kill him and caused injuries. 11

(3.) The prosecution examined Chature Singh P. W. 1 Bir Singh P. W. 2 and Suraj Bhan as P. W. 3 to substantiate the charge against the appellant. Chatur Singh P. W. 1 had given out that he did not see the person who fired at Bir Singh. He also did not notice any one running away. The appellants were not there. Mani Singh had not fired at Bir Singh. He had taken Bir Singh to the hospital. Suraj Bhan P. W. 3 had deposed that Bir Singh on sustaining the injury had cried. He ran up to him. Chatur Singh and Ramesh also arrived at the spot from the side of the motor stand. He saw Bir Singh lying on the ground. He merely saw Bir Singh and none else. Bir Singh told him that Pooran Singh, Rajendra Singh and Mani Ram after the shooting had run away. Bir Singh told him that Pooran Singh shot at him. In the cross examination he denied to have given the statement. That he had seen Pooran Singh. Mani Ram and Rajendra Singh running away with country made pistol in their hands. He further denied that there was talk of compromise going on between the parties. The injured Bir Singh P. W. 2 stated that he sustained the injury in the lower part of his leg on the back side Suraj Bhan, Chatur Singh and Ramesh arrived while the appellants were present. He had dictated the first information report to Manna Ram Yadav. In the cross examination he deposed that it was in the light of the truck which was at a distance of 1 KM that he saw Pooran Singh standing ten to twelve steps away Pooran asked him to stop. The other appellants were near him. He could not recognise the fourth person with the appellants. He could not recognise Rajendra Singh and Mani Ram also at that time. The person who had covered his face with towel had shot at him. He could not recognise him. He was shot at from a distance of six to seven steps from the left side. There was no electric light there. He had talk with Suraj Bhan after the assailants had run away. He did not tell Suraj Bhan as to who shot at him. He had no talk with any other person. He could not see the weapon with which he was shot at as it was small in size. Bir Singh later on departing from his statement exonerating the appellants pointed that he had so deposed under fear.