GANGA DHAR DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26.11.1983 passed by 1st Additional Sessions Judge, Jaunpur in Sessions Trial No. 114 of 1983 (Ram Adhar and others v. State of U.P.) arising out of Case No. 278 of 1982, Crime No. 143 of 1982 Police Station-Badshahapur, District-Jaunpur, whereby accused-appellant-Ganga Dhar Dubey has been convicted under Section 324 of the Indian Penal Code (hereinafter referred to as 'IPC') and a fine of Rs. 400/- and in case of default in payment of fine, he shall undergo rigorous imprisonment (R.I.) of four months.

(2.) The brief facts of the prosecution case are that on 19.09.1981 at about 8.00 P.M., Mohan Lal Harijan s/o Gangai Harijan, who was sitting in front of his house and talking to some villagers, was fired at with a 'katta' (country-made pistol) by accused-appellant Ganga Dhar Dubey on the exhortation of other three accused who belonged to the same family, due to which he (Mohan Lal) received injuries. He clearly saw the accused in the lantern light, who on the intervention of the villagers, went away from the place of occurrence after extending abuses.

(3.) After one and a half hours of the occurrence at 09.30 P.M., on the written information (Ex.Ka.1) of injured-informant Mohan Lal Harijan (P.W.2), a First Information Report (F.I.R.) under Section 307 IPC was lodged at Police Station-Badshahpur, District-Jaunpur at Case Crime No.-143 of 1981 against accused Ram Adhar, Prakash Chand, Ravindra Kumar and Ganga Dhar Dubey, all residents of Village Bhairopur, P.S.-Badshahpur, District-Jaunpur. Thereafter, the investigation of the case was started.