N.S.GUPTA, J. - (1.) THE accused appellant Ram Kailash who was con­victed under section 307/452 IPC and was sentenced to undergo RJ. for a period of 3 years under Sections 307, IPC and one year under Section 452 IPC and accused appellants Ram Lakhan and Ram Surat who were con­victed under Section 307/452/34 IPC and were sentenced to undergo for a period of two years under Section 307 IPC and one year under Section 452 IPC vide judgment and order dated 22-5-1979 passed by the then IV Addl. Sessions Judge, Allahabad, Sri Govind Prasad have come up in appeal before this Court.
(2.) THE prosecution claimed that on 20-9-1977 at about 6.00 a.m. in village Himachal-ka-purwa, P. S. Sarai Aqil, district Allahabad accused Ram Lakhan opened fire by means of a gun on the exhortation of Ram Lakhan and Ram Surat inside the house of the injured Ram Pratap and caused injuries to him. The F.I.R. was lodged by the injured Ram Pratap at P. S. Sarai Aqil at 8.10 a.m. the same day i.e. just within two hours of the occurrence. It appears that the Investigating Officer S. I. Rajendta Pal Misra, DW-1 had submitted a final report into the matter. The injured thereafter filed a criminal complaint in the Court of Special Judicial Magistrate, Allahabad on 16-10-1977. After needful trial the accused appellants were convicted as aforesaid. Hence the appeal.
(3.) I have heard Sri P. N. Misra, learned counsel for the a appellant and Sri V. B. Singh, learned Addl. Government Advocate for the State; considered their contentions and have gone through the facts and circum­stances of the case.;