- (1.) Challenge in this appeal is to the judgment and order dated 08.07.1996 passed by Third Additional Sessions Judge, Unnao in ST No. 97 of 1993 (State Vs. Bharosey and others) under Sections 147, 148, 307, 149, 452, 427 IPC, Police Station Bangarmau, District Unnao, whereby accused Ram Bahadur, Mani Ram, Mansai, Ram Das, Shanker, Mahavir, Kandhai, Ajai Singh and Ambar Singh , were not found guilty for the charges levelled against them and they were acquitted; whereas accused Babu Basith, Bharosey, Satti and Bhulai were found guilty. Accused Babu Basith was sentenced under Section 307 I.P.C., while Bharosey, Satti and Bhulai for attempt to murder Jug Raj Singh were sentenced to seven years' rigorous imprisonment with a fine of Rs.2,000/- each under Sections 307, 307 read with Section 149 IPC. All the appellants were further sentenced to undergo seven years' rigorous imprisonment for attempt to murder Beche Lal with a fine of Rs.2,000/- each under Section 307 read with Section 149 IPC; they have been further sentenced to undergo five years' rigorous imprisonment and Rs.1,000/- each fine under Section 452 IPC; three years' rigorous imprisonment under section 148 IPC and one year's rigorous imprisonment under Section 427 IPC with default stipulation. Out of total fine Rs.15,000/- was directed to be paid to the injured persons and remaining Rs.15,000/-, to the State Exchequer.
(2.) The prosecution case in brief is that the police had recovered illicit forms from the possession of wife of accused Babu Basith three to four years prior to this occurrence, due to which on 15.11.1991 at about 8:00 AM the aforesaid accused persons along with Ganga Ram (since deceased) came to the house of complainant and climbed over the roof of his house and exhorted him, they were armed with fire-arms, Lathis and spares. Babu Basith said that Jug Raj should be killed. On hearing this the informant and his brother Jug Raj ran inside the house to save themselves. In the meanwhile, accused Babu Basith fired at them which hit informant's elder brother Jug Raj as a result of which he fell down. On hearing the alarm raised by the ladies of house, witnesses Ram Gulam, Dhanai, Ram Jiwan and Ram Balak rushed to the spot. At this, all the accused persons thinking the elder brother of informant being dead, fled away. Further, in order to kill Beche Lal who used to visit the complainant's house, all the accused persons duly armed with guns, Lathis and spares entered into the house of Beche Lal. The witnesses rushed to the house of Beche Lal in order to save him. In the meanwhile accused Bhulai fired at Beche Lal. The shot hit him on his left arm. When the witnesses raised alarm, the accused spared Beche Lal and destroyed the expeller engine of his uncle. Wtinesses Bramha, Chhatrapal and many other villagers witnessed this occurrence who raised alarm at which all the accused persons after hurling abuses fled away. The informant lodged a written report on the basis of which investigation was conducted, which ended into a charge sheet.
(3.) The prosecution examined as many as seven witnesses. PW-1 is Lallu Singh, the informant. He is said to be a witness of the fact, who has proved the written report as Ext. Ka-1. PW-2 is Jug Raj who is an injured witness who has stated about the facts. PW-3 is Beche Lal. He is also an injured witness. PW-4 is Ram Balak who is said to be a witness of fact. PW-5 is Dr. Sudhi Kumar Sen, who examined the injuries of the inured and found the following injuries on the person of Jugraj:- 1. Fire-arm wound 3 cm x 3 cm subterranean deep (further probing of wound not done) on back of left side, 6 cm below the inferior ankle left scapula, there is blackening around the wound. 2. A fire-arm wound 4 cm x 5 cm muscle deep (further probing of wound not done) on the back of left upper arm, 8 cm above the left elbow joint, there was blackening around the wound. The following injuries were found on the person of Beche Lal:- 1. Multiple fire-arm wounds about thirteen in number situated in an area of 12 cm x 9 cm on the back of left fore-arm and hand. Wounds were varying in size from 0.2 cm x 0.2 cm to 1 cm x 1 cm and varying in shape. Some were oval and some were circular. Wounds were subterranean deep (further probing of wounds not done). Defuse swelling in the left fore-arm, left wrist, joint and left hand. PW-5 Dr. Sudhir Kumar Sen proved the injury reports as Ext. Ka-2 and Ka-3.;