- (1.) N. S. Gupta, J. Shri R. R. Jatav, the then IIIrd Additional Sessions Judge, Hamipur vide his judgment and order dated 11- 6-1980 had convicted the accused appellant Jaswant Singh under Section 307, I. P. C. and sentence him to undergo R. I. for a period of three years on the basis of allegation of the prosecution to the effect that the accused appellant was responsible for causing injury by men of a country made pistol to Shri Shiv Bahadur Singh PW 1 on 28th November, 19/5 at about 7. 00 a. m. in village Bhabhaura, P. S. Surerpur, district Hamirpur with such intention and knowledge and under such circumstances that if by that act Shiv Bahadur Singh would died the accused appellant would have been guilty of murder. Feeling aggrieved by the said judgmet and order, the accused appellant has come up in appeal before this Court.
(2.) I have heard Sri V. R. Srivastava, learned counsel for the accused appellant and Shri Lal Vijay Singh, learned Additional Government Advocate for the State; considered their contentions and have gone through the facts and circumstances of the case. It was argued by the learned counsel for the accused appellant that the accused appellant and the injured Shiv Bahadur Sing were all young boys. The accused appellant had no motive for causing injury to Shri Shiv Bahadur Singh. It was argued that probably it was an inadvertent and unintentional act because of which the fire in question was made and injury to the injured was caused. It was further argued that the accused appellant was a young lad of about 16 years of age at the time of the occurrence. A period of 20 years has since elapsed since after the occurrence of this case and the sentence of period undergone by the accused appellant during the trial be considered as sufficient punishment. I have given my thoughtful considerasion to the submission made by the barned counsel for the accused appellant. I find from the record of the case that the accused appellant was medically examined by Dr. T. D. Singh, PW 5. The following injury was found on the person of the injured:- 'injury of Shiv Bahadur Singh, injured.- (1) Gun shot wound of bullet injury, inverted and lacerated, margin 2-1/2 cm. x 2-1/2 cm. X bone deep on the outer aspect of the right thigh upper 1/3 region. Blood Ooozes on fresh.
(3.) ACCORDING to the evidence of Dr. T. D. Singh the injury in question could have been caused by means of a country made pistol on the date and time of the occurrence. Three witnesses of fact viz. Shiv Bahadur Singh, PW 1, Sugrive Singh, PW 2 and Balbir Singh, PW 3 were examined before the court below. It is clearly established from the evidence of these three witnesses of fact and also the medical evidence of Dr. p1. D. Singh that the afore said gun shot injury was caused to the injured Shiv Bahadur Singh by the accused appellant on the date time and place of occurrence suggested by the prosecution.;