Mukteshwar Prasad - (1.) -This criminal appeal by accused Jai Singh and his two sons, namely, Gaya Prasad and Harish Chandra, is directed against the order dated 16.7.1983, passed by Sri Lakshmi Bihari, the then Additional Sessions Judge, Hamirpur in Sessions Trial No. 220 of 1981, whereby he convicted all the accused under Section 307 and Section 324, both read with Section 34, I.P.C. and sentenced them to suffer rigorous imprisonment for a term of five years and nine months respectively thereunder. Both the sentences were directed to run concurrently.
(2.) IN brief, the prosecution came to the Court with the allegations that P.W. 1, Har Narain, informant was threatened by accused Jai Singh about three months prior to the occurrence in question. Accused Jai Singh levelled false accusation that his buffalo was assaulted by Har Narain. He denied this charge. However, Jai Singh threatened to teach him a lesson. On account of this enmity at about 9 a.m. on 11.7.1981, all the three accused armed with guns arrived at the door of Har Narain. He was standing in front of his door. Smt. Shanti Devi and her sister Gyan Devi, daughters of Bhagwan Das were also standing there. The assailants exhorted each other to kill the enemy and with an intention to kill Har Narain, they started firing at the informant and two girls, named above. All the three received firearm injuries. The informant fell down in the injured condition and bleeding started from the injuries. The informant and others raised hue and cry. A number of witnesses including informant's brother, Jagmohan and Moolchand, arrived, there challenging the assailants and saw the incident. Thereafter, assailants ran away towards their houses. A written report was prepared by Jagmohan, the brother of the informant on the spot in the village on his dictation. All the three injured accompanied by Jagmohan reached police station Jariya on a bullock cart and on the basis of the written report, the local police registered a case at Crime No. 96 at 10.30 a.m. on the same day. The investigation was entrusted to Sub-Inspector Lachhiram.
(3.) ALL the three injured were sent to Male Hospital, Rath (Hamirpur) for medical examination through constable Ram Pratap Singh. P.W. 5 Dr. B. P. Agrawal, examined injures of Km. Shanti Devi aged about 13 years at 12.30 p.m. on 11.7.1981. He found four abrasions on different parts of her body. He found one gunshot entry wound muscle deep on left side back.;