- (1.) CHALLENGE in this appeal by the sole appellant Manjeet is to his conviction under section 307 IPC and imposed sentence of 10 years R.I. with Rs.10,000/- fine and in case of default in payment of fine to undergo further one year simple imprisonment recorded by Additional Sessions Judge/F.T.C. court no.21, Bulandshahar vide impugned judgement and order dated 11.2.09 recorded in S.T. No.695 of 2001, State Vs. Manjeet, relating to Police Station Aurangabad, district Bulandshahar.
(2.) SHORN of eschewable detailes, prosecution allegations against the appellant as are revealed from written FIR, Ext. Ka-1, lodged by the informant Rajendra Singh, (P.W. 1), were that inraged by rejection of an his offer to do buffalo cart racing, that the appellant shot at Devendra (P.W. 3) S/o informant from his DBBL gun on 5.10.2000 at 1 A.M. in night at the crossing of his village Gangahari, P.S. Aurangabad, District Bulandshahr causing gun shot injuries on his chest and neck. Informant Rajendra Singh (P.W. 1) F/o injured dictated incident FIR, Ext. Ka-1, to Prakash Singh, who scribed it, and thereafter (P.W. 1) lodged it at P.S. Augangabad, same day at 2.10 A.M., measuring a distance of seven kilometre. S.I. Indra Pal Singh registered the F.I.R. as crime no.278 of 2000, under Section 307 IPC vide Ext. Ka-2 and prepared the G.D. entry Ext. Ka-3. Investigation into the crime was commenced by S.I. Mohammad Kamar, who had interrogated the witnesses and prepared the site plan Ext Ka-7. After his transfer, further investigation was conducted by S.I. Mahendra Prasad Pandey (P.W.7) from 28.10.2000 onwards, who concluding it had charge-sheeted the appellant vide Ext. Ka-8. Injured was examined by Dr. S. Garg, E.M.O., District Hospital, Saharanpur at 3.15 a.m. same day, who was brought to him by Constable Virendra Singh of P.S. Aurangabad. Following injuries were detected by the doctor on the torso vide injured medical examination report Ext. Ka-5:- "AMI :- multiple gunshot wound of entry in area 38 cm. x 23 cm. on front right shoulder and upper part of right chest and middle part of left chest and front neck and front chin size measuring 0.4 cm x 0.4 cm, 2.0 cm x 1.5 cm surgical emphysema was present, no blackening tattooing present, blood was oozing from the injury. In the estimation of the doctor injury was grievous in nature and duration was fresh." Charge-sheeting of the appellant resulted in his summoning and finding his case triable by Session's Court, it was committed to the Session's Court for trial, where it was registered as S.T. No. 695 of 2001, State Vs. Manjeet.
(3.) ADDITIONAL Session's Judge/F.T.C., court no.21, Bulandshahar charged the appellant for offence under section 307 I.P.C., which charge was denied by the appellant under section 227/228 Cr.P.C. and hence to establish it's case prosecution, during the course of the trial, examined in all seven witnesses out of whom informant Rajendra Singh (P.W.1), Jai Pal Singh (P.W.2), injured victim Devendra (P.W.3) were the fact witnesses. Formal witnesses included S.I. Indra Pal Singh (P.W.4), doctor S. Garg (P.W.5), Bhuwan Ram (P.W.6) and second I.O. S.I. M.P. Pandey (P.W.7). In his statement under Section 313 Cr.P.C., appellant pleaded false implication and denied incriminating circumstances put to him occurring in prosecution evidences. Trial Judge vide impugned judgement of conviction and sentence came to the conclusion that the prosecution had established it's case beyond any shadow of doubt and therefore convicted the appellant for the framed charge under section 307 IPC and sentenced him to ten years R.I. with Rs.10,000/- fine and in default thereof to undergo additional one year simple imprisonment. Consequently, appellant has challenged his conviction and sentence in the instant appeal. ;