SR.Bhargava,J - (1.) Pahalwan Singh and Surendra Singh alias Chhotey filed this appeal against judgment and order dated 14th February, 1979 passed by Sessions Judge, Basti, convicting them with offence of attempt of murder under Section 307 read with Section 34, I.P.C. and sentencing each of them to rigorous imprisonment for five yews. Pahalwan Singh has died and his appeal has abated. Now appeal of Surendra Singh alone has to be considered.
(2.) Incident giving rise to this appeal is alleged to have taken place on 28th March, 1976 at 9.45 P.M. near Womens Hospital, Gandhi Nagar in Basti town; distance. between Police Station Kotwali, Basti and the spot of incident being 2-1/2 furlongs. Prosecution story is that after witnessing cinema show in Sunder Talkies of Basti, informant Mahendra, Krishna Kinkar Singh, Jagannath Singh, Balwant Singh, Ram Prasad and G.P. Tewari alias Prem Prakash were returning on three rickshaws. Krishna Kinkar Singh and Prem prakash Tewari were in the first rickshaw. In the second rickshaw Jagannath Singh and Ram Prasad were sitting: In the third rickshaw informant Mahendra and Bhagwant Singh were sitting. When the rickshaw carrying Krishna Kinkar and Prem Prakash reached near Womens Hospital at about 9.45 P.M. a shot was fired on the front wheels of their rickshaw. Another shot was fired which hit Krishna Kinkar who shouted for help. Pahalwan Singh, Mahendra urf Lallan Singh and. appellant Surrendra Singh urf Chhotey emerged from a lane. Krishna Pratap and appellant Surendra Singh were holding pistols while Mahendra Singh alias Lallan Singh was holding gun. They came near the rickshaw of Krishna Kinkar Singh and fired three four shots. Pahalwan Singh came closer to the rickshaw and fired at Krishna Kinkar hitting him on the left side of abdomen but two rickshaws coming behind were stopped and rickshawalas ran. All the three miscreants were seen and recognised in electric light on the road. After firing the three miscreants retreated in the same lane. Further according to the prosecution this incident took place due to old enmity;
(3.) Informant Mahendra Scribed written report, Exhibit Ka 3, and produced the same at Police Station at 10.15 P.W. Chik Report was recorded in terms of written report and case was registered against the named miscreants.;