RAJES KUMAR, J. - (1.) THIS Criminal Appeal has been preferred by the appellant against the judgment and order dated 17.1.1981 of the III Additional District and Sessions Judge, Budau in Sessions Trial No. 399 of 1979, holding the appellant guilty of offence under Section 307 IPC and sentencing him of three years' rigorous imprisonment.
(2.) THE prosecution case is that about four or five days before the ocurrence of the incident Subedar Singh and the accused-appellant Nathoo and Chander Pal alongwith some other villagers went to the market of Ujhani. In the market a Police Sub Inspector of Police Station Ujhani sent for Subedar Singh and some other and took them to the Police Station. He made certain enquiries from Subedar Singh about accused-appellant Natthoo. On knowing this, the accused-appellant, Nathoo and Chander Pal suspected that Subdedar Singh had named them in some case. They, therefore, started harbouring ill-will against Subedar Singh. On the date of incident, Subedar Singh went to the field of Randhir Singh of his village for cutting Bajra for fodder for his buffalo. After cutting the fodder, he loaded the fodder in a Bullock-cart and came to his village on a bicycle. While reaching at the residence of Doongar of his village, he found Doongar and Lal Singh were sitting. They asked him also to sit and to smoke Biri. Subedar Singh also sat there and started smoking Biri alongwith Doonger and Lal Singh and kept his bicycle there. When he was smoking Biri there, at about 1:00 P.M., accused- appellant, Nathoo, possessing a country made Pistol (Tamancha) in his right hand and co-accused Chander Pal possessing a Lathi in his right hand arrived there from western side. Chander Pal instigated accused-appellant Nathoo to finish Subedar Singh as according to him Subedar Singh had acted as informer of the Police against them. Subedar Singh stated that he had not said any thing against them to the Police. On hearing the noise of the conversation, Smt. Devki Devi, wife of Doongar also came out of her house. Accused-appellant, thereafter challenging and asking Subedar Singh to face the consequences of Mukhbiri shot fire by his country made pistol (Tamancha) on Subedar Singh aiming to kill him. Subedar Singh sustained injuries at his right hand and right chest. One pallet of the fire also hit the eye brow of Smt. Devki Devi, who was at that time standing near the door of her house. Lal Singh, Doongar and other villagers who arrived on the spot, challenged the accused-appellant, Nathoo and co-accused, Chander Pal upon which they went back. Sultan Singh, brother of Subedar Singh and Doonger took Subedar Singh and Smt. Devki Devi in a Bullock-cart. Thereafter, Subedar Singh lodged a First Information Report of this occurrence at 3:30 P.M. on 26.10.1978, the date of occurrence. The First Information Report has been lodged by the victim, Subedar Singh, with the allegations that four-five days prior to the date of incident, he alongwith Nathoo and his brother-in-law Chander Pal and some other villagers went to Ujhani Bazar where the Sub Inspector of the local Police Station called him and enquired about Nathoo of his village due to which Nathoo and Chanderpal suspected that in respect of some case, I have told their names to the Police and therefore they started keeping enmity with me. On the date of incident, I went to take fodder from the filed of Randhir Singh of my Village and after cutting the fodder I loaded the same in the Bullock- cart and coming back to village by my bicycle. While reaching the village I saw Doonger and Lal Singh sitting infront of the house of Doonger. They stopped me to sit with them and smoke Biri. I stopped there and kept my bicycle standing there. While I was smoking Biri with them, accussed, Nathoo, possessing country made pistol (Tamancha) in his right hand alongwith co-accused Chanderpal, possessing Lathi in his right hand came there. Chander Pal instigated, accused-Nathoo, that Subedar Singh had done Mukhbiri to the Police against them therefore finish him today itself. I stated that I have nothing told the Police about them, but they did not relent. On hearing the noise, Smt. Devki, wife of Doongar, came out of her house and was watching the altercation. Nathoo shouted that you will have to face the consequences of Mukhbiri and shot bullet fire by the country made pistol aiming at me with the intention to kill me. As a result of gun shot, I sustained injuries at my right hand and right chest. One pallet of the fire also hit the eye brow of Smt. Devki Devi, who was at that time standing near the door of her house. Lal Singh, Doongar and other villagers who arrived on the spot and challenged the accused-appellant, Nathoo and co-accused, Chander Pal upon which they went back.
(3.) ON the above report, the case was registered against the accused and was investigated. The chargesheet against the accused was submitted on 19.12.1978 and the case was committed to the court of Sessions.;