- (1.) Challenge in this appeal is to the judgment and order dated 7the February, 1995 passed by Third Additional District and Sessions Judge, Kanpur Dehat in ST No. 293 of 1993 (State V. Devi Singh and others) under Section 307 IPC, Police Station Kakvan, District Kanpur Dehat, whereby accused Asharfi Lal and Devi Singh were found guilty. Devi Singh was sentenced to seven years' rigorous imprisonment and fine of Rs.5,000/- under Section 307 IPC and Asharfi Lal was found guilty and sentenced to three years' rigorous imprisonment with Rs.5,000/- fine under Section 307/34 IPC with default stipulation.
(2.) The brief facts of the prosecution case are that on 15.09.1992 at 9:00 AM informant Awadhesh Kumar along with his father Sahukar were going to Tehsil Billhaur from their village to attend the date fixed in Court. They were being followed by Hari Pal. When they reached near the bridge of Pandav river, Devi Singh and Asharfi Lal who were on cycle, out of them Devi Singh was armed with a country-made pistol, fired at the father of informant with intent to kill. The fire hit at the back of Sahukar. Asharfi Lal was also willing to assault. He had exhorted. When the informant Hari Pal raised alarm, both the assailants turned back and fled away. Devi Singh and the informant were inimical since before. Two years prior a criminal case was lodged between the parties in which the parties had compromised. Now, the only dispute regarding one field was pending in which date was fixed when the incident occurred.
(3.) The prosecution examined PW-1 Awadhesh Kumar who is informant and eye witness of the incident. This witness proved the written report as Ext. Ka-1. PW-2 is Sahukar, the injured witness. PW-3 is SI Rajendra Bahadur Singh who was entrusted with the investigation. He recorded the statement of chik writer. He further recorded statements of the injured and informant. He proceeded to the place of incident, inspected the spot and prepared the site-plan, which was proved as Ext. Ka-3. The investigation ended into a charge sheet, which was proved by this witness as Ext. Ka-4. The chik report was scribed, which was proved by this witness as Ext. Ka-5. This witness further proved the copy of GD as Ext. Ka-6. Dr. Krishna Kumar Sharma is PW-4, who proved the medical report as Ext. Ka-7. He examined the injuries of the injured and found the following injuries on his person:- 1. Lacerated wound 1 cm x 0.7 cm x depth not probed on right side back, 18 cms below from right side root of neck and 2 cm away from back bone activity serum discharge present. No blackening. No tattooing. No charing around the wound K.U.O. Adv. X-ray. 2. Multiple abrasions in an area of 13 cm x 9 cm on both the sides of back just below injury No. 1 (size varying 0.2 cm x 0.3 cm).;