DALBIR Vs. STATE OF U P
LAWS(ALL)-1980-9-46
HIGH COURT OF ALLAHABAD
Decided on September 19,1980

DALBIR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

P.N.Goel - (1.)DALBIR, s/o Nahar Singh, r/o village Dubagar, Police Station Akrabad, district Aligarh has been convicted and sentenced under section 307 IPO to undergo RI for 7 years and to pay a fine of Rs. 600/-.
(2.)THE village of the appellant is about one mile from village Bhopal Garhi which is also within the limits of police station Akrabad. Munshi Lal (PW 1) is a native of Bhopal Garhi. A field of Dalbir appellant and his father is quite close to the house of Munshi Lal.
On 6-9-1974 at about 8 A. M. Munshi Lal was bringing a load of grass for his cattle from the field of Prempal and reached near a pond which is adjacent to the Abadi of village Bhopal Garhi. It is alleged that Dalbir aiming a country made pistol towards Munshi Lai said that he would see him. Munshi Lal threw his load of grass and began to raise alarm. Dalbir appellant fired a shot towards him. Munshi Lal was injured and fell down. Dalbir then bolted away.

Reason for the assault was that bouse of Karan Singh was adjacent to the house of Munshi Lal, that Nahar Singh, father of the appellant wanted to purchase it, that Munshi Lal purchased ijhe said house, that on this account Nahar Singh and members of his family were hostile to Munshi Lal. Therefore, then took place proceedings under section 107 CrPC against Nahar Singh. Munshi Lal filed a complaint against Nahar Singh for injuring his she-buffalo with a ballam. This complaint was pending on the date of occurrence.

(3.)ON the date of occurrence at 10:55 A. M. Munshi Lal lodged a written report at the police station which is 5 miles away. Then at 11 A.M. Dr. R.K. Katiyar of Primary Health Centre Akrabad (PW 5) examined Munshi Lal and found following injuries on his person : (Injuries quoted-Editor).
Both the injuries were simple. The: case was investigated into by Chaitan Swarup Singh, SI (PW 6).

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