M.C.Jain, J. - (1.) The State has come up in the appeal against the judgement and order dated 9.8.1982 passed by Sri S.C.M. Tripathi, the then IV Additional Sessions Judge, Shahjahanpur in Criminal Appeal No. 216 of 1981, acquitting the accused-appellants of the offence under Section 307 I.P.C. They had been convicted by the Assistant Sessions Judge, Shahjahanpur under Section 307 I.P.C. and each of them was sentenced to undergo five years' rigorous imprisonment by judgment dated 23.7.1981 passed in S.T. No. 188 of 1981. On their preferring Criminal Appeal, the impugned judgement can to be passed by the appellate court which has been challenged by the State by means of this appeal. The accused were three, namely, Ram Chand and his two sons, Satya Deo and Sant Kumar alias Budhi. Ram Chand died during the pendency of this appeal and respecting him it came to abate under dated 18.11.2003.
(2.) The relevant facts may be set out briefly. The injured Bishambhar Dayal PW 3 and the accused were residents of Village Basulia within Police Station Sehramau South, District Shahjahanpur. The incident took place on 5.2.1981 at about 6.15 P.M. near double storey quarter No. 90-A of Local Ordnance Clothing Factory. At the relevant time, Bishambhar Dayal was employed in the said factory and lived in quarter situated in the Factory Estate. On close of working hours of the factory, he, seated on cycle driven by co-employee Hanif, was going home and reached south of road running east-west. At the same time, all the accused came on cycle and stayed at few paces north of him. They got down from the cycle. Satya Deo and Sant Kumar alias Budhi simultaneously fired one shot each from their country-made pistols injuring Bishambhar Dayal. Having sustained injuries, he fell down. Somehow he managed to get up and ran trembling towards south. He could cover a distance of few paces when accused Ram Chand fired shot on him. He covered some more distance towards north and fell down south of quarter of one Jagan Lal. The assailants managed to escape. Hanif, Brij Mohan and Ram Ratan PW 2 witnessed the assault.
(3.) Soon after, Radha Kishan PW 1 and Rajeshwari, brother-in-law and wife respectively of the injured, arrived at the scene. Bishambhar Dayal told them about the incident. He was taken to the Factory Hospital situate in the Factory Estate wherefrom he was rushed to the District Hospital, Shahjahanpur by ambulance. On 5.2.1981 at 8.30 P.M., Dr. C.P. Srivastava PW 7 examined him. On his person following injuries were found: 1. Multiple gunshot wounds of entry each 0.3 cm x 0.3 cm on the right side of face and neck distributed in the area of 19 cm x 16 cm. No blackening or charring. 2. gunshot wound of entry 6 cm x 5.5 cm on the right posterior lateral side of lower part of chest with inverted margins. Blackening present around the would. Depth not probed.;