HONBLE SUBHASH CHAND, J. - (1.) In the present appeal facts of the prosecution case may be summarized as under :- The prosecution case in brief is that the informant Satish son of Daya Shankar, moved a written information with the police station with these allegations that on 25.10.2014 at 11.00 O'clock, he and his father had been coming back from their agricultural field and as soon as they reached near the hut of Geetam Singh Dau, the acusedRamphal, Devendra, Sadhoo and Jitendra, cordoned them and started hurling abuse on the issue of breaking the boundary of the agricultural field, began to beat the informant and his father with lathi and danda; accused-Ramphal opened fire from his rifle with intention to cause death of his father, which hit in right hand of his father; on raising alarm, Sanjay Singh and Matroo attracted there, who also saw the occurrence and rescued them; all the accused persons fled away extending life threats. At this written information, case crime no.404 of 2014 was registered against the accused-appellants, under Sections 307, 323, 504, 506 IPC. The Investigating Officer after having concluded the investigation filed two separate charge-sheets against the appellants. The court of additional Chief Judicial Magistrate, Kasganj, took cognizance on the charge-sheets and committed the case to the court of Sessions Judge, Kasganj, for trial.
(2.) The trial court framed charge against all the accused under Sections 307/34, 323, 504, 506 IPC and the charge was read over and explained to the accused-appellants, who denied the charge and claimed to be tried.
(3.) On behalf of prosecution to prove the charge against all the accused in documentary evidence adduced, written information Ext. Ka-1, supplementary report of injured Daya Shankar Ext. Ka-2, Check FIR Ext. Ka-3, G.D. Entry in regard to the registration of case Ext. Ka-4, Site Plan Ext. Ka-5, charge-sheet against accused Ramphal Ext. Ka-6, charge-sheet against accused Devendra and Sadhoo Ext. Ka-7, charge-sheet against accused Jitendra Ext. Ka-8, injury report of injured Daya Shankar Ext. Ka-9 and injury report of injured Satish Ext. Ka-10. On behalf of prosecution in oral evidence, examined Satish P.W.1, injured Daya Shankar P.W.2, Dr. Rajeev Kumar P.W.3, Sub Inspector Amarnath Gautam (retd.) P.W.4, Dr. Manadi P.W.5. ;