P. N. Goel, J. - (1.) FAROOQ appellant has been convicted and sentenced under section 307 IPC to undergo R. I. far 4 years.
(2.) FAROOQ appellant and Ahmad Noor Khan (PW 2), victim of assault, were partners in a business. The partnership came to an end. A sum of Rs. 375 - was payable by the appellant to Ahmad Noor Khan. FAROOQ promised to pay the said sum within 2-3 days on demand made by Ahmad Noor Khan 3 or 4 days before 21st March, 1976. On 21-3- 1976 at about 5 P. M. Ahmad Noor Khan was at the shop of Munna sweatmest seller (PW 3) in Purana Ganj. The appellant rushed there and fired a shot from the back side of Ahmad Noor Khan. Ahmad Noor Khan was injured at the back of his head. FAROOQ then said that he would kill him immediately. Some persons intervened. The appellant ran away. Ahmad Noor Khan went to the police station Ganj, district Rampur and lodged report at 5. 30 P. M. On the date of occurrence at 6. 30 P. M. Dr. V. K. Misra examined Ahmad Noor Khan and found following injury: A lacerated circular wound 1/4 cm. x 1/4 cm. x 1/2 cm. deep, marigns inverted, blackening around the wound present no scorching and tattooing present around the wound, on the back head left side 9 cm. posteriorly to left ear base. Dr. G. K. Jain X-rayed the injury. After seeing the X-ray, Dr. V. K. Misra declared the injury simple. He did not find any injury to the bones of the head.
(3.) THE appellant did not admit the allegations of the prosecution. On facts the prosecution examined Ahmad Noor Khan and Munna sweat- meat seller (PWs. 2 and 3). On the other side the appellant examined 3 persons . Hari Om Agarwal, Shabbir Ahmad and Akbar Shah (D. Ws. 1 to 3) to depose that no occurrence took place as alleged.;