- (1.) HEARD Sri C.V.S. Raghuvanshi, learned counsel for the revisionist and learned A.G.A.
(2.) THIS revision has been preferred against the judgment and order dated 23.05.1990 passed by Special Judge, Bijnor in Criminal Appeal No. 20 of 1988 modifying the conviction and sentence awarded by the trial court in which the appellant was sentenced to under go one year R.I. and a fine of Rs. 500/ - with default stipulation for the offence under Section 324 I.P.C. and one year R.I. and a fine of Rs. 500/ - with default stipulation under Section 452 I.P.C. in Sessions Trial No. 25 of 1987.
(3.) BRIEF facts are that the sister of complainant Anil Kumar was married to Karan Singh son of Munney Singh. She lived with her husband for about one and half years thereafter she returned to her brother's house and told her sister -in -law that her husband is impotent. After that the complainant got his brother -in -law medically treated and thereafter Karan Singh took his wife to his house. Accused Udal Sing was mediator in that marriage and he also knew the fact that Karan Singh was impotent. Udal Singh had bad eye on the sister of the complainant Smt. Sumitra. When Karan Singh took his wife second time to his house again some quarrel arose between the husband and wife. On the pretext of showing sympathy to the sister of the complainant Smt Sumitra, the accused Udal Singh took her to his house and consoled her that he would get maintenance fixed for her from Karan Singh. After some time Udal Singh sent Smt. Sumitra to her aunts house from where the complainant took Sumitra to his house. In the night of 7/8.6.1986, the accused Udal Singh and Lallu Singh entered into the house of the complainant. They were armed with country made pistol. The other companions of the accused were standing outside the house of the complainant. The complainant recognized Udal Singh and his companion Lallu in the flash light of torch. Udal Singh tried to pull the sister of the complainant, at this complainant raised hue and cry. Suddenly witnesses Sheespal, Jaipal and Jiraj Singh came on the spot who also saw the complainant saving his sister from the accused Udal Singh. The accused fired at the complainant which hit him on the thigh. The accused fled away and the report of this incident was lodged on which investigation was started. The investigating officer submitted charge sheet against the accused and charges were framed against the accused who pleaded not guilty and claimed trial.;