- (1.) 1. This criminal appeal arises out against the judgment and order dated 31-10-1986 passed by Sessions Judge, Pithoragarh in Sessions Trial No. 8 of 1986 convicting the accused/appellant under Section 307 I. PC. and sentenc ing him to undergo 3 years rigorous imprisonment.
(2.) BRIEF facts of the prosecution case are that the accused Baba Jodhpuri alias Jyoti Swarup Anand was a Manager in an Ashram known as 'kailash Ashram' Suakot 10 kms in the east from Pithoragarh city. Laxmi Datt-complainant and Badri Dart went to the temple situated in the Kailash Ashram on 9-4-1985. They reached there at about 11. 00 A. M. After having his food and resting a while, Laxmi Datt went to the temple at about 12:30 PM. for wor ship. In temple, he offered 10 paise and flower before the idol. Seeing this, Baba Jodhpuri objected and said that you are a big Contractor do you not feel ashamed in offering only 10 paise. In reply, Laxmi Datt told that I have no change but a currency note of Rs. 100/ - which he cannot offer. Laxmi Datt also told that if he wants money by of ferings, he should beg alms and not sit in the temple. This hurted the feeling of the accused and he said to Laxmi Datt that 'now you cannot go from this place'. He would shoot him by his gun. The accused/baba Jodhpuri went to the hermitage and came with a gun from there. Laxmi Datt apprehending the danger, ran away from there. When he could hardly reached 15-16 meters down the temple, the accused opened him fire and injured him. Laxmi Datt fell down on the ground due to gun shot injuries.-The injured was brought to the police post Wadda with the as sistance of Badri Datt. The policemen on duty at Wadda police post brought the injured on a truck to Pithoragarh kotwali. The injured prepared the writ ten report Ex. Ka. 7 and lodged the same at Police Station Kotwali. The constable Clerk Sri Mohan Ram on the basis of the written report prepared Chick F. I. R. Ex. Ka. 5. A case was regis tered under Section 307 I. P. C. at Police Station, Kotwali against the accused Baba Jodhpuri vide G. D. Ex. Ka. 5. Thereafter, the injured Laxmi Datt was sent to the District Hospital for medi cal treatment. Dr. R. P. Bhatt examined the in jured Laxmi Datt on the same day and found the following injuries on his per son : 1. Lacerated wound size 2. 2 cm x. 8 cm. x scalp deep on left fore head 2 cm. above middle of left eye brow vertically placed bleed ing present. No blackening, scorching, tattoning present. 2. Lacerated wound. 7 cm. x. 7 cm. x scalp deep 1. 5 cm. Outer to injury no. l. Bleeding present no blackening, tattoning present. 3. Fire pallet circular wounds. 25 cm. x. 25 cm. x skin deep above and long side both of injury no. 1. Fire pallet circular wound 25 x. 25 cm. x skin on right face in an area of 6 x 6 cm.
(3.) LACERATED wound 2 x. 2 cm. x skin on right face horizontally placed on right chink. Contuded swelling on right sysmatic area or skin size 1. 5 x 1. 5 cm, red in colour and ovalish in shape. No tattoning and blackening present. 4. Dr. R. P. Bhatt prepared the in jury report Ex. Ka. 2 and admitted the injured in the hospital. He opined that all injuries were fresh in nature. Injury no. 3 and 4 were caused by some fire arm from a distance. He kept the injury no. 1 and 2 under observation and ad vised X-ray of head and face of anto pariteal and lateral aspect. Dr. Bhupal Singh held X-ray of head and neck and prepared X-ray plates Ex. 1 and Ex. 2. In -X-ray report he found ten dense me tallic radio opaque shadows in the anto pariteal aspect of the skull and ten dense metallic radio opaque shadow on the lateral aspect of the head. In his opinion the above metallic radio opaque shadows may be that of pallets. 5. The Investigating Officer submit ted the chargesheet against the ac cused. The learned Sessions Judge framed the charge under Section 307 I. P. C. against the accused/appellant. The accused-appellant denied of the charge levelled against him and claimed his trial. 6. The prosecution in order to sup port itj case, produced Dr. Bhupal Singh Bisht (P. W. l), Dr. R. P Bhatt (PW. 2), Con stable Clerk Shri Mohan Ram (P. W. 3), Badri Datt (P. W. 4), Laxmi Dutt, Injured (P. W. 5) and Sri Bir Singh (P. W:6 ).;