- (1.) THIS appeal has been directed against the judgment and order dated 12-2-1981 passed by 2nd Additional Sessions Judge, Azamgarh in S.T. No. 425 of 1979 convicting the appellant under S.307 I.P.C. and sentencing him to undergo Rigorous Imprisonment for a period of four years.
(2.) THE prosecution story, briefly stated, was that Khurmulli (P.W.1) as well as appellant Dayanand R/o Rasulpur, P.S. Doharighat district Azamgarh had their agricultural plots in the said village. The agricultural plots of the parties were irrigated through canal. On the after noon of 25-8-1979 at about 2.30 P.M. Khurmulli (P.W.1) was irrigating his plot through canal water. The appellant closed the flow of water going towards the field of Khurmulli (P.W.1) and diverted the same into his plot. Khurmulli (P.W.1) came to the appellant and asked him as to why he had blocked flow of his water and saying it he again opened the flow of water towards his plot. On it the appellant whipped out a country made pistol from his waist and fired on Khurmulli (P.W.1) due to which he sustained injuries on his face and upper part of chest. Alarm raised by Khurmulli (P.W.1) attracted Laxmi Narain and Indrasan who came to spot and chased the appellant. Sudama Singh (P.W.2) the then S.I. of P.S. Doharighat was at village Misrauli in connection with enquiry of an application. He also heard a sound of fire and rushed towards spot along with Constables Vikram Singh and Tikori Rai who were with him. The S.I., Constables and witnesses Laxmi Narain and Indrasan apprehended the appellant with a country made pistol in his hand. On his personal search the appellant was found in possession of one country made pistol, two live cartridges and one fired cartridge in the barrel of the pistol for which he was having no license. The country made pistol appeared recently fired as smell of gun powder was coming out from its barrel. S.I. Sudama Singh (P.W.2) prepared recovery memo (Ext. Ka - 1) on the spot sealed the recovered articles and took the appellant to the police station. Khurmulli (P.W.1) also went to the police station and there he lodged written report Ext.Ka - 2 which he got prepared from Jugul Yadav. The chik F.I.R. Ext.Ka - 4 was prepared by Head Constable Heera Lal who made an endorsement of the same at G.D. report (Ext - Ka - 5) and registered a case under S.307 I.P.C. against the appellant.
(3.) THE injured Khurmulli (P.W.1) was sent to Primary Health Centre, Doharighat where he was medically examined by Dr. Satish Chandra Pandey (P.W.5) who prepared injury report (Ext.Ka - 11);