D.C.Srivastava, J. - (1.) This is an appeal against the judgement and order dated 19th December, 1979, of Sri Jaswant Singh, III Additional Sessions Judge, Bijnor convicting the appellant under Section 307, Indian Penal Code and sentencing him to undergo three years rigorous imprisonment and to pay a fine of Rs. 500/- and default of payment of fine to undergo three months further rigorous imprisonment.
(2.) The prosecution story in brief is that the informant Hori Singh took the land of Izhar Hussain on Batai. He was growing crop over this land. His paddy crop was damaged upon which altercation and Marpit took place between Hori Singh and the appellant. Since then the appellant became inimical to Hori Singh. On 13th November,1976 at about 6 p.m. when Hori Singhwas going from his field to his village Amirpur. Samru Hasan son of Izhar Hussain and Amar Singh, nephew of the informant were also going. Whey then reached the sugar cane field of Batua Kumhar and were on the chak-road the appellant came out of the sugar-cane field and gave exhortation that he would teach a lesson to him for the previous fight and he immediately thereafter fired from a country made pistol upon Hori Singh. Hori Singh sustained injuries over his head. The incident was seen by the persons named above, who were behind Hori Singh. The first information report was lodged thereafter and Hori Singh was sent for medical examination. In the medical examination eight lacerated injuries 1" x 9/10" each deep in the abdomen, numbering seven were found. The injury was kept under observation. X-ray was advised for ascertaining pellets. The injuries were fresh and caused by fire arm. The injured was referred to District Hospital Morabdabad for admission and treatment of abdominal injury. After usual investigation the appellant was sent up for trial. He pleaded not guilty and stated that he has been implicated due to enmity and groupism. He did not enter any defence.
(3.) The prosecution examined (P.W.1) Amar Singh, the injured (P.W.3) Hori Singh and (P.W.4) Samru Hasan, besides the Medical Officer, Investigating Officer and other formal witnesses were examined. After considering the entire evidence the learned Additional Sessions Judge found that the charge under Section 307 Indian Penal Code against the appellant was fully established. The appellant was accordingly convicted and sentenced. It is therefore, this appeal. ;