- (1.) M. Chaudhary, J. This is a criminal appeal filed on behalf of the accused appellants from judgment and order dated 9th of September, 1981 passed by III Additional Sessions Judge, Gorakhpur in Sessions Trial No. III of 1977 State v. Virendra Singh and others convicting the accused appellants under section 148 IPC and sections 302 and 307 each read with section 149 IPC and sentencing each of them to two years' rigorous imprisonment, imprisonment for life and seven years' rigorous imprisonment respectively there under.
(2.) FACTS giving rise to this appeal in brief are that on telephonic information given by one Ishwar Chand Srivastava at 5:20 p. m. on 28th of July, 1976 a crime was registered against some unknown persons at police station Gorakhpur Kotvvali that some assailants fired at three persons in Mohalla Dileyjagpur. The police registered a crime under section 307 IPC and started the investigation. Investigation was entrusted to SI Bateshwar Nath Tewari who rushed to the scene of occurrence andfound injured Girish Pal there. He recorded statement of Girish Pal and sent him with Constable Ayodhya Prasad to District Hospital for his medical examination. Then he recorded statements of some witnesses including Sher Bahadur Pal. He also inspected the place of occurrence and prepared its site plan map and collected bloodstained and simple earth from the place of occurrence, prepared its memo and sealed the same in separate packets. He also collected cartridges, pellets, tiklies etc. lying at the scene of occurrence, sealed them in a packet and prepared their memo and did other necessary things. Soon after the occurrence injured Brij Bhushan and Sudeshi went to District Hospital Gorakhpur themselves where they were medically examined by Dr. Aziz Ahmad, medical officer on emergency duty at 5:35 p. m. and 5:45 p. m. respectively. Medical examination of Sudeshi revealed below noted injury on his person: Lacerated wound 1 cm. x 1/2 cm. on right side back lower part of scapula, tattooing and charring present. The doctor opined that the injury was caused by firearm and fresh in duration. The patient was admitted in the Hospital. Medical examination of injured Brij Bhushan revealed below noted injuries on his person: 1. Lacerated wound 1" x 1/2" muscle deep on the back of left hand. 2. Lacerated wound 2/10" x 2/10" on outer aspect on left hand laterally 3. Lacerated wound 3/4" x 3/10" x bone deep on outer surface of little finger at its root. Lacerated wound 1/2" x 3/10" x bone deep on dorsum surface of ring finger.
(3.) GUNSHOT wound 3/10" x 3/10" on outer part of right arm upper portion. Advised x-ray. Lacerated wound 1/2" x 1/2" on the right side chest. Advised x-ray.;