H.C.Mital, J. - (1.) Bhopp Singh has preferred this appeal against his conviction and sentence under Section 326, I.P.C. to three years R.I., passed by Sri J.B. Singh, the then IV Addl. Sessions Judge, Mirzapur on 22.3.1978. The other co-accused, namely Shailendra Kumar alias Thakur Dadu and Lola Kol were acquitted. The complainant Ram Pratap on being aggrieved, had preferred criminal revision No. 1183 of 1978 praying that the acquittal of Bhoop Singh under Section 307, I.P.C. be set aside and he be convicted under Section 307, I.P.C. and in the alternative the sentence awarded under Section 326, I.P.C. be suitably enhanced. The other criminal revision No. 1184 of 1978 had been preferred by Ram Pratap against the acquittal of co-accused Shailendra Kumar Singh and Lola Kol.
(2.) The facts of the case in brief are that Bhoop Singh - appellant and co-accused Shailendra Kumar Singh alias Thakur Dadu were pattidars, while Lola Kol accused No. 3 was Karinda of Bhoop Singh. The house of the complainant Ram Pratap (P.W. 1) is situated at a little distance in the north of his shop in village Sanjari. He had enclosed his open land by fixing stone slabes. The accused intended to have passage from over that land. Hence a little before 10.00 a.m. on 20.8.76 Boop Singh and Shailendra Singh riding over an elephant went near the house of the complainant and got some stone-slabs removed by the elephant. Ramesh Kumar nephew of Ram Pratap informed the latter about the removal of the stone-slabs. Thereupon Ram Pratap arrived there and protested why the stone-slabes were removed which led to some verbal altercation and thereupon all the three accused left and returned after some time. Bhoop Singh was armed with a gun and at the exhortation of Shailendra Kumar and Lola Kol, Bhoop Singh fired a shot at Ram Pratap, as a result of which he received the following injuries as noted by P.W. 6 Dr. Abdul Halim on 21.8.76 at 11.30 a.m. 1. Lacerated wound 1/2 cm x 1/2 cm x under observation depth on outer aspect of middle phalanx of right index finger just above the terminal interphalangia joints. No signing not tatooing and no blackening. 2. Lacerated punctured wound 3/4 cm x 1/2 cm on iner side of middle phalanx of right index finger just opposite injury No. 1 depth through and through to injury No. 1 as probe passes out of it. The injury is 1 cm above terminal interphalangia joints. No singeing no tattooing and no blackening. 3. Punctured and lacerated wound 1 cm x 3/4 cm on outer palmer surface of right middle finger just below middle interphalangial joints. Depth is 2 cm and passing through injury No. 4 given below. 4. Lacerated and punctured wound 11/2 cm x 1 cm x depth 2 cm as passing the probe into injury No. 3 and out on opposite side injury No. 3 at inner side of middle finger (3) right interphalangial joints. No singeing no tattooing and no blackening. 5. Lacerated and punctured wound 1 1/4 cm x 2 cm x 2 cm deep passing through over of injury No. 6 below wound, traumatic swelling around on the middle interphalangial joint of 4th right finger at base of middle phalanx. No singeing no tattooing and no blackening. 6. Lacerated punctured wound 11/2 cm x 1 cm x 2 cm (finger breadty) on base of 4th ring finger middle phalanx on inner aspect opposite the injury No. 5 depth through and through injury No.4 traumatic swelling of whole bone underneath fracture of crepetus present. No singeing no tattooing and blackening. 7. Lacerated wound 3/4 cm x 1/2 cm on base of distal phalanx of right 5th finger on dorsal aspect just below distal interphalangial joint.
(3.) On X-ray examination Dr. Abdul Halim also found fracture in injuries Nos. 5 and 6 and thus, grievous injuries were caused. F.I.R. (Ex. Ka 2) of the occurrence was lodged on the same day at P.S. Halia district Mirzapur at a distance of six miles at 1.30 p.m. on the basis of which the case was registered and after investigation the accused were charge-sheeted. At the trial accused pleaded not guilty and prosecution examined in all eight witnesses, of whom P.W. 1 Ram Pratap is the complainant and the injured, P.W. 2 Devi Prasad and P.W. 4 Sheo Shanker are the eye witnesses of the occurrence and they corroborated the prosecution case. P.W.. 6 Dr.Abdul Halim proved the injures as noted above and the remaining are formal witnesses.;