Anil Kumar Sharma, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 3.4.1987 passed by Sri P.C. Mathur, the then 2nd Addl. Sessions Judge, Aligarh in S.T. No. 438 of 1985 whereby both the appellants were convicted for the offence punishable u/s. 307/34 IPC and each had been sentenced to undergo three years' rigorous imprisonment.
(2.) SHORN of details the prosecution story as borne out in the FIR and the evidence led during trial is that on 22.1.1984 at about 9:30 p.m. Ganpat Singh son of Bhikam Singh resident of village Barsauli P.S. Hasayan, District -Aligarh lodged an oral report in P.S. Hasayan wherein it was stated that he had old enmity with Roop Ram and his family members on account of agricultural land and well. Today at about 5:00 p.m. he along with his cousin Nek Ram returned at the nohra of Chiranji Lal after attending the call of nature. They stayed there for a while, then sister of Nek Ram came to call them for meals. They left for home, but on way Roop Ram and his son Dori Lal armed with country made pistols came from behind and intercepted them. In order to kill Roop Ram fired shot on Nek Ram, but he saved himself. He ran and entered in the house of Nek Ram, but both the accused chased him and then Dori Lal with the intention to kill fired shot which caused injury on his left arm. On their noise Maya Devi d/o Pearey Lal, Ram Murti d/o Lakhan Singh, Pearey Lal S/o. Bhoj Ram, Shivji S/o. Kallu and Todi cam there, saw the incident and challenged the accused persons who made their escape good. The complainant along with Nek Ram reached at the police station and lodged oral report, whereupon a case u/s. 307 IPC at crime No. 8/84 was registered and its investigation was entrusted to SI Satya Prakash Sharma. Injured Ganpat Singh was sent for medical examination through Constable Sadhoo Singh to PHC, Hasayan where Dr. Gajendra Singh examined him at 10:30 p.m. on 22.1.1984 and found the following injuries on his person: "1. Abrasion with bruise 2" x 1" on the outer aspect of the upper third of the left fore arm. 1" below the elbow joint. 2. Gun shot wound of entry 1/4" x 1/6" x deep up to the muscles. No blackening and tattooing and charring is also present. Fresh bleeding is present on the left elbow joint at the outer aspect." In the opinion of the doctor, the injuries were simple and fresh, caused by blunt object except No. 2 is due to fire arm. Advised x -ray of injury No. 2. Supplementary report to follow. Dr. V.D. Pathak on 24.1.1984 had conducted X -ray examination of left fore -arm and elbow joint, but did not find any bony injury. Si Satya Prakash Sharma took up the investigation on 23.1.1984, recorded the statement of Constable Clerk Gurram Singh, complainant Ganpat Singh, witnesses Nek Ram, Maya Devi, Pearey Lal and others, visited the place of occurrence and prepared two site plans. After his transfer investigation was completed by Si Atar Singh, and he had submitted charge -sheet against the accused persons.
(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 the guilt and claimed trial.;