- (1.) CHALLENGE in this appeal is the judgment and order dated 17.9.2012 passed by learned Additional Sessions Judge, Court No. 3 Faizabad in Sessions Trial No. 239 of 2010 arising out of Case Crime No. 417 of 2010, under Sections 323 and 307 I.P.C., Police Station Raunahi, District Faizabad where by the appellant was convicted for the offence under Section 324 I.P.C. and was sentenced to undergo simple imprisonment for a period of two years. Along with this sessions trial, Sessions Trial No. 240 of 2010 arising out of Case Crime No. 539 of 2010, under Section 3/25 of the Arms Act, Police Station Raunahi, District Faizabad was also heard and disposed of. In that case the appellant was tried for the charges under Section 3/25 of Arms Act and was acquitted, however, after trial, the appellant was sentenced for the offence under Section 324 I.P.C. only and was acquitted of the charges under Sections 323 and 307 I.P.C. No appeal has been preferred on behalf of the State or by the complainant.
(2.) BRIEF facts necessary for the disposal of the instant appeal are that complainant Hemraj lodged an F.I.R. on 2.6.2010 stating therein that on 2.6.2009, at about 9:30 p.m., he was taking dinner on Takhat, in the light of lantern. Mukesh, Komal were also lying on the same Takhat. Some cots were also lying by the side of the Takhat and Smt. Sitapati and Bhanji of the complainant Lal Mani were lying on those cots. The appellant had old enmity with complainant Hemraj. Because of that enmity, appellant, armed with a country made pistol, reached there and fired from his countrymade pistol. Due to the pallets, the glass of the lantern was broken and Smt. Sitapati, Lalmani, Mukesh and Ms. Komal received injuries. The complainant raised alarm due to which, several persons reached on the place of occurrence and recognized the appellant in the light of the lantern. The appellant ran away from there. All the four injured were sent for medical examination.
(3.) AS per medical report injured Mukesh received following injuries: - (i) Red coloured contusion in the area of 3 c.m. x 3 c.m. present at left side of face just lateral outer angel of left eye. (ii) A lacerated wound 1/2 c.m. x 1/2 present at medial aspect of right hand 5 c.m. below the right wrist joint. All the injuries were simple in nature and caused by hard and blunt object. Injured Lalmani received following injuries: - (i) A circular lacerated wound of size 1/2 c.m. x 1/2 c.m. surrounded by blackish circule of .6 c.m. diameter on posterior aspect of thigh of left side. 12 c.m. above left knee joint. (ii) A black coloured circular area of diameter size 1/2 c.m. x c.m. surrounding redish lacerated circle with diameter of .4 c.m. on anterior aspect of right leg 11 c.m. below right knee joint. In the opinion of doctor it was a suspected case of firearm injury. Injured Komal received following injuries: - (i) Abrasion 1 c.m. x 1/2 c.m. present at right side of neck 5 c.m. below root of right ear (ii) Lacerated wound 1 c.m. x 1/2 c.m. present at posterior aspect of right elbow joint. Both injuries were reported to be simple in nature caused by hard and blunt object. Injured Sitapati received following injuries: - (i) Lacerated wound of 1/2 c.m. 1/2 c.m. surrounded by blackish colour area of .6 c.m. size on left buttock 25 c.m. above left knee joint. (ii) Complaint of pain on left forearm. In the opinion of doctor, it was suspected case of gunshot injury. The Investigating Officer inspected the place of occurrence and after concluding the investigation, charge sheet was filed against the appellant. During investigation on 19.6.2010, the appellant was arrested and countrymade pistol was also recovered from his possession for which, he was tried in the connected sessions trial and was acquitted.;