- (1.) THIS criminal appeal, preferred un der Section 374 (2) of the Code of Crimi nal Procedure, 1973 (for brevity herein after Cr. P. C.), is directed against the judgment and order dated 15th June, 1984, passed in Sessions Trial No. 27 of 1983, by learned II Additional Sessions Judge, Nainital, whereby appellant Jaswant Singh @trilok Singh @ Toka has been convicted under Section 307 of the Indian Penal Code, 1860 (for brevity hereinafter I. P. C.) and sentenced to undergo rigorous imprisonment for a period of five years.
(2.) THIS appeal was originally filed before the Allahabad High Court in the year 1984, from where it has been re ceived by transfer to this Court under Section 35 of the U. P. Reorganization Act, 2000, for its disposal. Heard learned counsel for the parties and perused the entire record. Prosecution story, in brief is that on 12-01-1982, Darshan Singh, father of complainant Avtar Singh (P. W. 3) was returning to his home by his trac tor along with Bawa Singh (P. W. 2) and Avtar Singh (P. W. 4) S/o Ratan Singh. At about 7:00 P. M. , when they reached near field of Santa Singh in village Baria Daulat, P. S. Gadarpur, appellant Jaswant Singh @ Trilok Singh @ Toka alongwith Harbans Singh (deceased) and Trilok Singh (another deceased) S/o Lal Singh, asked Darshan Singh to stop the tractor. It is alleged that Harbans Singh was armed with gun and he was drunken. Darshan Singh, father of the complainant, stopped the tractor, but he did not permit the appellant and his associates to drive the tractor. On this, appellant Jaswant Singh @ Trilok Singh @ Toka shot fire from a gun at Darshan Singh, who got injured. The complain ant Avtar Singh (S/o Darshan Singh) lodged the First Information Report (Ext. A-l) with police station Gadarpur, at about 8:35 P. M. , on 12-01-1982. A check report (Ext. A-4) was prepared on the basis of said report and an entry in the general diary (copy of extract of which is Ext. A- 7) was prepared by Head Constable Jai Prakash. P. W. 6 Laxmi Ram Arya, Station House Officer, investigated the crime. Meanwhile, Darshan Singh was medically examined by P. W. 5 Dr. H. V. Pant, at about 9:00 PM. , who recorded following injuries on the person of Darshan Singh : I) Multiple punctured wound round in shape, some having lacerated margins and other having clear cut margins on the left cheek, 2 cm below the left end of left ear, in volving whole of left chin area, left sub- mendibular re gion extending upto right angle of jaw and upper I/4th of the next in front and on left side. Fresh blood oozing from the wounds. II) Multiple punctured wound on the back left scapular re gion involving whole of left scapula, round in shape, some having lacerated mar gins and some having clear cut margins. Fresh blood ooz ing from the wounds.
(3.) IT appears, that the Investigating Officer interrogated the witnesses and prepared a site plan (Ext. A- 6), and sub mitted charge sheet against the accused Jaswant Singh @ Trilok Singh @ Toka, for his trial for alleged attempt by him to commit murder of Darshan Singh. The Magistrate on receipt of the charge sheet, it appears after giving nec essary copies to the accused / appellant, as required under Section 207 of Cr. PC. , committed the case to the court of Sessions for trial. The trial court on 06-07- 1983, after hearing the parties, framed charge of offence punishable under Section 307 of I. PC. against the accused / appellant, who pleaded not guilty and claimed to be tried. On this prosecution got examined P. W. 1 Darshan Singh (injured); PW. 2 Bawa Singh (eyewitness); PW. 3 Avtar Singh (S/o Darshan Singh); P. W. 4 Avtar Singh S/o Ratan Singh (eyewitness); P. W. 5 Dr. H. V. Pant (who medically examined in jured Darshan Singh); P. W. 6 Station House Officer Laxmi Ram Arya (Inves tigating Officer); P. W. 7 Dr. R. H. Gokhale (Radiologist); P. W. 8 M. L. Arya and P. W. 9 Dr. J. C. Arora.;