- (1.) UNDER consideration in the instant appeal is the judgment and order dated 15.12.1994 passed by VIth Additional Sessions Judge, Sitapur passed in S.T. No. 44 of 1993, arising out of case crime no. 121 of 189, P.S. - Hargaon, District - Sitapur, whereby the appellants were convicted for the offence under Section 307 read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for a period of ten years and also with a fine of Rs. 1,000/ - with default stipulation of one year's rigorous imprisonment.
(2.) APPELLANTS Jageshwar and Suwa have expired during pendency of the instant revision and the instant appeal, so far as it relates to them stood abated.
(3.) THE offence, in this case is alleged to have taken place on 28.05.1989 at 06.00 am. The complainant - Kaushal Kishore along with his brother Vijay Pal and Vidya Vinod went to canal to ensure whether the canal water was going to his sugarcane field or not. When these persons reached there in the vacant field of one Babboo then they saw that the water of the canal, which was flowing into their field has been blocked by accused persons and accused Jageshwar, Prem Chandra, Suwa and Lalla had diverted the flow of water from his field to their field and also diverted the same towards the pond. On this point, some altercation took place between the parties and thereafter accused Jageshwar who was armed with countrymade pistol and also with lathi and appellant Lalla who was armed with a countrymade pistol fired and Vijay Pal and the other two accused persons Prem Chand and Suwa who were armed with Bhali and Lathi respectively, caused injuries to Vijay Pal. Hearing the noise, several persons reached there and the accused persons ran away towards the village. The FIR of this case was lodged by Kaushal Kishore on the same day at about 07.25 am at P.S - Hargaon, District - Sitapur. On the basis of this FIR, case crime no. 121 of 1989 under Section 307, 323, 504, 506 IPC was registered and investigation was taken up by the Inspector, S.P. Singh, who inspected the place of occurrence. Subsequent investigation was conducted by P.W. -5 (N.C. Katiyar). After concluding the investigation, he submitted chargesheet, against all the accused persons named in the FIR, under Section 307, 323, 504, 506 IPC. As per the injury report, the injured Vijay Pal was medically examined on the same day at 03.50 pm at District Hospital, Sitapur and following injuries were found on his person: - (i) One lacerated wound of 1.5 cm X 1/2 cm X scalp deep on left side of forehead 5 cm above from middle part of left eye brow. (ii) Two firearm wounds of entry 0.2 cm X 0.2 cm at a distance of 1 cm on front aspect right side of chest 15 cm below from right nipple at 06 o'clock position. Injury was kept under observation and X -ray of chest was advised. (iii) Multiple fire arm wounds of entry on upper part of right side of abdomen in an area of 12 cm X 7 cm at axillary region. 2 cm below outer to injury no. 2 and 10 cm outer to umblicus. Blackening and tattooing present in between and surrounding fire arm wound. Injury was kept under observation and X -ray of abdomen was advised. (iv) Multiple fire arm wounds of entry on right side of abdomen axillary region in an area of 5 cm X 2 cm present 2 cm below injury no. 3. Blackening and tattooing present around and in between wounds. This Injury was also kept under observation and X -ray was advised. General condition of the patient was low.;