- (1.) Challenge in this appeal is to the judgment and order dated 30.07.2012 passed by Sri Chander Pal Singh, the then Addl. Sessions Judge, Court No.5, Budaun in S.T. No. 1121 of 2006 arising out Case crime no. 397 of 2005 u/s 307/34 IPC P.S. Mujaria District Budaun whereby the appellants have been convicted for the offence punishable under section 307/34 IPC and each had been sentenced to undergo rigorous imprisonment for eight years and fine of Rs. 5,000/- with default stipulation.
(2.) Tersely the facts and evidence unfolded during investigation and trial are that complainant Sabinder Singh s/o Chander Pal r/o Village Sabdalpur P. S. Mujaria District Budaun submitted a written report with the police on 25.8.2005 at 1.30 p.m. wherein he stated that about 12-years ago Ahalkar and others had got his father implicated in the murder case of their father, but for quite some time they were living harmoniously. However, they bore enmity from inside. Today he along with his father had gone to the field for cutting fodder then at about 12 O'clock in the noon Ahalkar s/o Mathuri, his elder brother Kali Charan and younger brother Peshkar armed country made pistols and Durmeen carrying gandasa arrived there and hurling abuses all the three fired one shot each on his father and Durmeen assaulted him with gandasa. After sustaining injuries his father fell down in the field. On their alarm villagers Dharmendra son of Raghubir Singh and Shyam Lal s/o Ram Swarup challenging the accused persons arrived there and then they made their escape good towards northern side. The report further stated that the family members of the complainant had taken his father to the hospital. On the basis of this report case at Crime no. 397/05 u/s 307 IPC against Ahalkar and three others was registered at the police station, investigation whereof was entrusted to SI Ram Khilauna Sharma. Ere that injured Chander Pal was taken to District Hospital, Budaun by his son Virjendra, where he was medically examined by Dr. Virendra singh at 3.35 p.m. on 25.8.2005 and he found the following injuries on his person: 1. Multiple firearm wounds of entry in area of 23 cm x 14 cm on back of right side chest i.e. scapular region. Size varying from 0.3 cm x 0.3 cm to 0.2 x 0.2 cm x DNP (depth not probed); 2. Incised wound 1.5 cm x 0.5 cm on right side face 4 cm below right eye; 3. Lacerated Fire arm wound 1.5 cm x 0.5 cm x DNP on right side face 2 cm away from right ear; 4. Incised wound 9 cm x 0.5 cm x bone deep 7 cm above right ear on right skull; 5. Incised wound 3 cm x 0.5 cm x bone deep on right side skull 1 cm below injury no. 4; 6. Multiple tattooing in of area 17 cm x 10 cm on front of right side chest 4 cm below nipple. In the opinion of the doctor injuries no. 1, 3 and 6 were caused by discharge of fire arm weapon. Injury no. 2, 4, and 5 were caused by sharp object. Injuries no. 1, 3, 4, and 6 were kept under observation with advise of x-ray and duration was fresh. Dr. Gyanendra Kumar Jain, Radiologist, District Hospital, Budaun conducted x-ray examination of skull with face and chest of the injured on 26.8.2005 and he found fracture in shaft of right collar bone in the middle. One small rounded radio opaque shadow of metallic density was seen on right side of chest. On the basis of x-ray examination report, Dr. Virendra Singh in his supplementary report had observed that injury no. 1 of the injured was grievous in nature while others were simple. The investigating officer recorded the statements of witnesses including the injured, collected blood stained and simple earth from the spot and prepared site plan. His investigation ended in charge-sheet against the accused-appellants.
(3.) After committal of the case to the Court of Session charge for the offence punishable u/s 307/34 IPC was framed against the accused-appellants, who abjured their guilt and claimed trial.;