A.S. Tripathi, J. - (1.) THIS appeal is directed against the judgment and order dated 8.2.1979 passed by the Sessions Judge, Azamgarh whereby the appeal of the respondent Rajendra Prasad Upadhyaya was allowed and his conviction and sentence under section 307 I.P.C. set side and the appellant was acquitted. The facts of the case are that one Dr. P.P. Gupta was posted as Medical Officer Incharge Barhalganj Dispensary in the Police Station Chairyakte, District Azamgarh. The respondent Rajendra Prasad Upadhyaya who was Pradhan of his village and he was influential person and was bearing grudge against Dr. Gupta who was a Medical Officer posted in that dispensary. The respondent had given several complaints against Dr. P.P. Gupta and made representation to the Higher Authorities for transfer of Dr. Gupta. On 9.11.1969 Dr. Gupta had written to the Civil Surgeon, Azamgarh regarding harassing tactics of the respondent. The relationship between Dr. R.P. Gupta and respondent Rajendra Prasad Upadhyaya were strained. According to the First Information Report lodged by Dr. Gupta that in the night between 29/30th March 1978 while Dr. P.P. Gupta was sleeping in his house along with his wife and children, his father -in -law Sri Shree Krishna was also sleeping in the drawing room. At about 1 a.m. in the night 5 -6 persons forced their entry into the bed room. Dr. Gupta and his family members woke up on hearing the noise. A light of electric bulb was lighted. Dr. Gupta and his wife saw the appellant Sri Rajendra Prasad Upadhyaya who was armed with country made pistol, 2 or 3 other persons armed with knives and some other armed with stick. The respondent exhorted and threatened Dr. Gupta to be done away with him. Thereafter the respondent fired his pistol on Dr. Gupta causing him injuries. One of the assailant gave knife blow. One another assailant threw a knife towards Dr. Gupta which did not hit. His wife and father in law ran to save him. His father in law was pushed aside. The assailants looted some articles from the house of Dr. Gupta. The ear -ring of the wife of the Doctor Gupta was a snatched . From hearing alarm witness Mahendra Singh, the compounder of the said dispensary, Ramadhin Singh, Chhangur Singh, Chittan Singh and others came on the spot and witnessed the occurrence. Thereafter the assailants managed to escape. The written report is Ext. Ka. 3 was proved on record. Dr. Gupta was medically examined. Following injuries were found on the body of Dr. Gupta. 1. Stands of entry in an area of 10" x 10" x 1/10" x 1/10" each in front of chest and abdomen.
(2.) GUNSHOT wounds of entry in an area of 5" x 21/2" at the back of left forearm, just 'below the elbow joint 1/10" x 1/10" each. Gunshot wound of entry in an area of 1" x 1/4" on the back of right forearm 3" below elbow joint of 1/10" x 1/10" each.
(3.) INCISED wound 1 1/4" x 1/2" x 4" directing upwards on the outer aspect of left side 6 1/2" above knee joint, gaping and bleeding present.;