- (1.) VIRENDRA Saran, J. Moti Lal son of Bhoga has filed this appeal against the judgment and order, dated 19-7-1983 of Sri A. K. Agarwal, Vlth Addl. Sessions Judge, Unnao, in S. T. No. 85 of 1982 convicting the appellant under Section 307 I. P. C. and sentencing him to 5 years R. I.
(2.) THE case of the prosecution case is that on 7th November 1980 at 9. 00 P. M. (day of Deepawali) Brij Lal P. W. 2 was returning after purchasing sweets and when he reached near the house of Moti Lal, he found Amar Nath indulging in abuses. Brij Lal asked him not to do so. Meanwhile, Moti Lal came out of his house and saying that Brij Lal be killed fired a shot resulting injuries to Brij Lal. Brij Lal got a report (Ext. Ka-2) written and lodged the same at the police station at 10 P. M. Brij Lal was medically examined by Dr. A. Akram on the same day and he found the following injuries on his person: (i) Multiple gun shot wound 37 in number in an area of 6" x 4" in front of the right side of the chest 3- 1/2 below the color bone. Each wound was measured 3/10" x 3/10". (ii) Multiple gun shot wound of entry 27 in number on the right side of chest 3-1/2" below the right nipple. Each wound was 3/10" x 3/10". (iii) Multiple gun shot wounds of entry 2 in number each 2/10" x 2/10" on the inner side of the right upper arm.
(3.) THE margins of all the wounds were inverted. THEre was no blackening or charring. All the injuries had been caused by fire-arm. Injury No. 1 and 2 were kept under observa tion. Injury No. 3 was skin deep and according to the doctor the injury was simple in nature. After investigation, a charge-sheet was submitted against the appellant and in due course the case was committed to the Court of Sessions.;