B.K.SHARMA, J. - (1.) THIS is an appeal against the judgment and order dated 28th April, 1983, passed by Shri M. K. Sangal, IV Additional Sessions Judge, Mathura, in S.T. No. 21 of 1982, State v. Pooran Singh & Anr., u/S. 307 I.P.C., whereby he convicted the accused-appellant Pooran Singh u/S. 307, I.P.C. and sentenced him to rigorous im­prisonment for a period of five years and to pay a fine of Rs. 1000 and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months, and convicted accused-appellant Ghasi Ram of the offence u/S. 307/34 I.P.C. and sentenced him to suffer rigorous im­prisonment for a period of five years.
(2.) SADHU Singh was the victim in this case. He was employed in the 8 R.P.D. in the days of occurrence. The prosecution case was that on 14 March, 1981 he was present in the meeting of the Darbar in which the Officer Commanding used to hear the grievances of the labourers ; that in that meeting accused- appellant Pooran Singh instigated the employees, to which he ob­jected that after the Darbar was over, ac­cused-appellant Pooran Singh stopped him and gave him a threat that he would take his life; that in respect of this threat he (Sadhu Singh) informed the police through the Commanding Officer and that consequent upon the said information to the police, Pooran Singh accused-appellant, was ar­rested and sent to jail. The present occur­rence was dated 21 March, 1981. On that date according to prosecution story, Sadhu Singh, victim, came out from the gate of the Depot at about 12.30 p.m. after Holi Milan; that as soon as he came out from the gate, accused-appellant Pooran Singh stopped him and shouted "TUMNE MERE KHILAPH REPORT KIHAIAUR MERA VIRODH KIYA HAI AAJ MAIN TUJHE DEKHUNGA"; that Pooran Singh accused-appellant, was accompanied by Ghasi Ram accused-appellant, and one more person, that Ghasi Ram accused-appellant then in­stigated accused-appellant Pooran Singh, "DEKHTA KYA HAI KHATAM KAR DE", whereupon accused-appellant Pooran Singh took out a Katta from his "Anti" and fired at him and he having turned, the fire struck in his elbow. As per prosecution case, the occurrence was seen by Kaushal, Soni, Ram Chandra, Janki and others, who save Sadhu Singh, injured. The EI.R. of this case was lodged by Shri Sadhu Singh, injured, at the Police Sta­tion the same day at 1.15 p.m. on the basis of the F.I.R. a chik report Exhibit Ka 5 was prepared by the Clerk, Constable, and the case was registered. The usual investigation followed which resulted in the submission of the charge-sheet and the committal of the accused to the court of sessions for the of­fence under Section 307 I.P.C.
(3.) THE medical examination of Sadhu Singh was made by Mr. P. P. Pathak, Medical Officer, District Hospital, Mathura on 21-3-1981 at 3.30 p.m. He found the following injuries on the body of injured Sadhu Singh. "(1). Wound of entry 0.5 cm. x 0.5 cm. on back of right elbow joint. Margins blackening and tattooing present. (2). Wound of exit 1x0.5 cm. x depth not me­asured x bleeding present on front of upper part of right lower arm. 2cm. below of cubital fossea. In the opinion of Dr. Pathak the in­juries were fresh, caused by fire-arm injury (injuries were kept under observation). No X-ray was done. Consequently, there was no supplementary report.;