ASHWANI KUMAR SINGH, J. - (1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellants namely Larkau, Bakhat Bahadur, Shiv Saran and Tung Nath against the judgment and order dated 31.10.1996 passed by Shri Vijay Bahadur Yadav VIth Additional Sessions Judge, Gonda in Sessions Trial No. 124 of 1991(case crime no. 116 of 1989 under Section 307 I.P.C., police station Katra Bazar, district Gonda) convicting and sentencing appellant no. 1 Larkau under Section 307 I.P.C. for a period of five years' rigorous imprisonment and appellant nos. 2, 3 and 4 namely Bakhat Bahadur, Shiv Saran and Tung Nath under Section 307/34 I.P.C. for a period of four years' rigorous imprisonment.
(2.) BRIEFLY stated, the prosecution version is that few days prior to the occurrence accused appellant Larkau was detained at police station in a case. Accused appellant Larkau suspected that injured Talukdar P.W. 2 had hands in getting him implicated, as such, he bore enmity with Talukdar. In the intervening night of 27/28.10.1989 Talukdar P.W. 2(injured) was sleeping in front of the door of his house(Osara); 'dhebri' was burning in front of his door, complainant Bhagauti Prasad P.W. 1, cousin brother of P.W. 2 was sleeping in his 'tarwaha'. At about mid -night i.e. 12.00 a.m. accused appellants Larkau, Bakhat Bahadur, Shiv Saran and Tung Nath reached there. Accused appellant Larkau, armed with 'katta' fired at Talukdar injuring him on his chest and hand. On hearing the fire arm shot and shrieks of Talukdar, Bhagauti Prasad P.W. 1, Layak Ram P.W. 3, Tribhuwan and Sheo Prasad reached at the spot and saw the accused appellants running away in the torch light. Complainant Bhagauti Prasad and other witnesses brought Talukdar to police station Katra Bazar on cot and on the same day at about 1.15 a.m. F.I.R. Exhibit Ka -1 was lodged by Bhagauti Prasad.
(3.) ON the same day i.e. 28.10.1989 at about 3.55 a.m., the injuries of Talukdar was examined at District Hospital Gonda by Dr. Ajay Singh(P.W. 4) Medical Officer, District Hospital Gonda. Injury report exhibit ka -2 was prepared. Following injuries were found on the person of Talukdar 1.F.A.W of (entry) 5 c.m.X3 c.m.xchest cavity deep on the right side of chest 1 c.m. away from right nipple at 9'o clock position. Slight blackening present on the outer margin of wound. Margins are lacerated. Bleeding present. Air passing out through wound during expiration. 2.F.A.W 8 c.m.x3 c.m. x muscle deep on the anterior medial aspect of right upper arm 8 c.m. above right elbow joint. Blackening all around the wound present. Margins are lacerated. Investigation of the case was entrusted to P.W. 6 Raghunath Gautam. He prepared site plan exhibit ka -5, took blood stained earth from the place of occurrence and sealed the same, exhibit ka -6 was prepared, torch -exhibit -ka 7 and blood stained 'dari' and 'baniyan' exhibit ka -7 to 9 were taken in custody. After completing the investigation, charge -sheet exhibit ka -10 was submitted in the court.;