- (1.) CHALLENGE in this appeal is to the judgment and order dated 18.3.1987 passed by Sri I. B. Singh, the then Addl. Sessions Judge -I, Bareilly in S. T. no. 441/84 [State Vs. Nand Kishore] arising out of Crime no. 14/84 P.S. Bhojipura District Bareilly whereby the appellant has been found guilty for the offence punishable u/s 307 IPC and had been sentenced to undergo rigorous imprisonment for eight years and to pay fine of Rs. 1,000/ - with default stipulation.
(2.) FILTERING out unnecessary details, the prosecution version as unfolded during trial is that on 5.2.1984 at about 8.30 a.m. complainant Azad Husain s/o Ali Husain, r/o village Jataua P. S. Bhojipura District -Bareilly submitted a written report at P. S. Bhojipura stating that a case of road -hauled up is pending against his co -villager Nand Kishore s/o Ganga Ram, in which he told him to appear as defence witness, which he declined on the pretext that he would not give false evidence. On this score he bore enmity with him. On 5.2.1984 at 7 a.m. when he along Puttan s/o Ilahi Bux and Wali Mohd. while going to brick -klin of Suresh Chand in Dhaura Tanda reached near the field of Maqsood -ur -Rehman, Nand Kishore armed with country made pistol met them and abusing him for not giving evidence, in order to kill, he fired shot on him from the country made pistol. On hearing his shrieks Anis Ahmad s/o Chhabbu, Inayat Husain s/o Mohd. Shafi and Sadiq Husain s/o Hashmat Husan r/o Jataua rushed on the spot, witnessed the incident and the accused made his escape good. On account of his threat to kill all of them, he was not chased. He sustained fire -arm injuries. On the basis of this report case u/s 307 IPC was registered at P. S. Bhojipura, investigation whereof was entrusted to SI P. S. Yadav. The injured was sent to Block Hospital, Bhojipura, but he was referred to District Hospital, Bareilly for medical examination, where Dr. S. K. Jain examined him him at 12 noon and found the following injuries on his person: 1. Gun shot wound of entry size 1 cm x 1 cm x depth not probed on right side upper chest 2.5 cm below middle of clavicle with laceration 2.5 cm x 1.5 cm on inner aspect of wound. Margins inverted. Blackening present. Bleeding present. 2. Lacerated gun shot wound 1 cm x 0.7 cm x muscle on outer aspect of left thumb near tip of thumb. Margins lacerated. Blackening present around the wound. Nail missing. 3. Multiple small abrasions in area 10 cm x 5 cm on right side face and chin. In the opinion of the doctor the injuries were caused by fire -arm, were fresh in duration, kept under observation and patient was hospitalized. The investigating officer interrogated the witnesses, inspected the spot, prepared site plan and seized an empty cartridge from the spot through memo. He also obtained blood stained clothes of injured Azad Husain on 7.2.1984 and prepared memo. The investigation ended into charge -sheet against the accused.
(3.) AFTER committal of the case to the Court of Session, charge for the offence punishable u/s 307 IPC was framed against the accused -appellant, who abjured the guilt and claimed trial. In order to prove its case, the prosecution had examined Injured Azad Husain PW -1, Puttan PW -2, Anis Ahmad PW -3, SI P.S. Yadav PW -4, Dr. S. K. Jain PW -5 and Constable Ram Swarup Mishra as PW -6.;