- (1.) THIS is an Appeal by the accused Goonga @ Noor Ilahi, who has been convicted by the Trial court for three years rigorous imprisonment by the judgement dated 14.7.1982, passed in Session Trial No. 150 of 1982.
(2.) THE brief facts of the case are that on 16.1.1982, on the date of occurrence, at 11:00 A.M., four persons, namely, Aijaj Husain @ Sabu, Raja Miyan, Parvez Akhtar, who are real brother and Goonga @ Noor Ilahi, who is brother-in-law of accused Raja Miyan and is also brother-in-law of the son of the injured, Altaf Husain, came to the house of Altaf Husain. Altaf Husain was sitting on a cot in front of the door of his House. It is the case of the prosecution that while Altaf Husan was sitting on a cot in front of the door of his house, accused, Aijaj Husan @ Sabu gave a cartridge to Goonga and on extortion of Raja Miyan and Parvez Akhtar, accused, Goonga, who was armed with pistol, fired a shot at Altaf Husain, which hit him. The incident said to have been witnessed by Irshad Husain, Zida Husain and Idrish, who also tried to apprehend the culprits, but the accused persons made their escape good. Zafar Husain, son of Altaf Husain, lodged a First Information Report at Police Sation, which was at a distance of about six kms. from the place of occurrence at 1:45 P.M. on the same day. A case under Section 307 IPC was registered against the accused persons. Altaf Husain was medically examined by PW- 4, Dr. Ganga Vishnu, the then Medical Officer Incharge of Primary Health Centre, Pukhrayan on 16.1.1982 at 2:30 P.M. He found following injuries on the person of Altaf Husain. 1- 3 fire arm wounds 0.3 cm. X 0.2 cm. X muscle deep on chin in an area of 2 cm. x 2 cm. Fresh blood, clots present, edges irregular, advised X-ray. 2- Multiple fire arm wounds on chest on both sides, 0.2cm. x 0.2 cm. x probing not done in an area of 21 cm. x 14 cm. advised X- ray. 3- 7 fire arm wounds 0.2 cm. x 0.2 cm. x probing not done on upper part of abdomen on both sides in an area of 14 cm. x 4 cm. advised X-ray. 4-5 fire arm wounds 0.2 cm. x 0.2 cm. x muscle deep on front side of left arm 10 cm. below from tip of shoulder joint-advised X- ray. The doctor was of the opinion that all the injuries were caused by fire arm and were fresh. He referred the injured to District Hospital for x-ray examination. P.W. 7 Dr. H.C. Prasad, Radiologist, U.H.M. Hospital, conducted x-ray examination of the injured on 18.1.1982. The x-ray report is Ex. Ka 5. He found three radio opaque shadows in the region of chin and one in the left arm.
(3.) THE case was investigated by P.W. 8, S.I., R.D. Yadav. After recording the statement of the head moharrir at the police station, he went to Pukhrayan Hospital on 16.1.1982 and from there to village Kaithra. The injured was not available at his home. He recorded the statement of the sister of the injured and searched for the accused. On 28.1.1982 he came to Kanpur and recorded the statement of the informant Zafar Husain and injured Altaf Husain in Fahimabad Colony at Kanpur. On 4.2.1982 he again went to the village concerned and recorded the statements of Irshad Husain, Idris and Fida Husain. He also took the clothes of the injured in his possession and prepared its fard (Ex.Ka 6). He inspected the site and prepared the site-plan (Ex. Ka 7). He recorded the statement of the accused Goonga on 2.2.1982 and accused Sabbu and Raja Mian on 20.2.1982. The statement of Prevez was recorded by him on 17.1.1982. After completing the investigation, he submitted the charge-sheet (Ex. Ka 3).;