- (1.) SHIV Shanker, J. This criminal appeal has been filed on behalf of appellant Brijraj Singh, son of Shri Dan Singh, Chhotey Singh, son of Shri Prem Singh and Rampal Singh, son of Shri Prem Singh against the impugned judgment and order dated 19-11-1981 passed by VIIth Additional Sessions Judge, Bareilly in Sessions Trial No. 146 of 1981, convicting the appellants and sentencing each of them under Section 307/34 I. P. C. to undergo four years R. I. And also convicting and sentencing all the above named three appellants under Section 452 I. P. C. and sentencing each of them to undergo for two years R. I. And lastly directed that all the above sentences shall run concurrently.
(2.) BRIEFLY the prosecution case is that Nandan Singh who is cousin of complainant Sipattar Singh, had sold his land for Rs. 6,000/-, for which she accused Brij Raj Singh had settled Rs. 500/- as broker's money. Out of the sale money, Nandan Singh had paid Rs. 3,000/- towards his debts and the remaining Rs. 3,000/- were deposited in the Post Office by Ranvir Singh, son of the complainant. On 28-10-1980 at about 8 or 9 p. m. , the complainant was taking his food inside the house and the accused Brij Raj Singh armed with his licensee gun, Chhotey Singh and Ram Pal Singh armed with Bhala and one Ram Autar, who was also armed with Tamancha, entered in the house of complainant. The accused Brij Raj Singh demanded the broker's money amounting to Rs. 500/ -. The complainant refused to give the money, whereupon the accused Brij Raj Singh started abusing and fired shots from his gun which hit at the face of the complainant Sipattar Singh. The shots also hit his wife Smt. Laraite who was cooking food. The occurrence was witnessed by Sri Pal Singh, Suraj Pal Singh and Hulas Singh. Due to fear, the complainant could not leave for the police station immediately. He went to the police station on the next day in the morning and lodged F. I. R. at 10 a. m. of the occurrence at police station Aonla, whereupon a case under Section 452/307 I. P. C. was registered. Sri Sipattar Singh injured was medically examined by the doctor and the following injuries were found on his persons : "multiple gun shot wound of sizes 0. 2 cm. x 0. 2 cm. x depth lest into tissue on the right side of forehead and right side of face including right ear in an area 18 cm. x 16 cm. With soft scab. Right eye is damaged and right is unable to see pain Right eye blackening and tattooing absent. Abrasion 1 cm. x 002 cm. On the upper side of fore head 2 cm. Above the medial end of left eyebrow. With son scab. Abrasion 0. 3 cm. x 0. 2 cm. On the upper side of forehead 1. 5 cm. Above the middle of left eyebrow. With soft scab. Abrasion 1 cm. x 0. 2 cm. On the left side of forehead 4 cm. Above the left eyebrow. With soft scab. Abrasion 2 cm x 1 cm. On the right side of face 1 cm. Below the right lower eyelid. Abrasion 1 cm. x 0. 2 cm. On the nose bridge upper part. With soft scab. Abrasion 0. 2 cm. x 0. 2 cm. On the nose bridge 1 cm. Below injury No. (6 ). " Similarly Smt. Laraiti was also medically examined and the following injuries were found on her person : "gun shot wound 0. 2 cm x 0. 2 cm x muscle deep on the left side of forehead eye brow 2 cm. Above the medial end of left eyebrow. Blackening and tattooing absent on palpable therein FB feeling (pellete) underneath the Inj. Adv. X-ray. Abrasion 1 cm. x 0. 5 cm. On the right side of nose upper part with soft scab. " X-ray report of injured Sipattar Singh also reveals multiple small radiopaque shadows of metallic density in the region of face and orbit and skull, due to pellets. " After completion of investigation, the I. O. submitted the charge-sheet against three accused persons namely Brijraj Singh, Chhotey Singh and Rampal Singh. Accused Ram Autar was not charge- sheeted. After taking cognizance upon the above charge-sheet, the case of three accused persons was committed to the Court of Sessions for the trial.
(3.) THE Sessions Judge framed charges against all the three accused persons for the offence under Section 307 I. P. C. read with Section 34 I. P. C. and 452 I. P. C. Brijraj Singh was again charged for the offence under Section 307 I. P. C. who was pleaded not guilty and claimed to be tried. It was stated in the statement recorded under Section 313 Cr. P. C that he has been implicated falsely in this case as dispute arose in between Nandan Singh and first informant regarding to return money of Nandan Singh from the informant. THE same was not returned. THEreafter, it was opened fire upon him on the exhortation of the first informant but it was hit on the person of injured as well as on the person of Smt. Laraite, wife of first informant and Panchayat was held regarding it. THErefore, the accused persons were punches of the said Panchayat and on that basis he was implicated in this case. Prosecution examined P. W. 1 Sipattar Singh, P. W. 2 Sripal, P. W. 3 Dr. K. S. Tiwari, P. W. 4 Smt. Laraite, P. W. 5 S. I. Fakeer Chandra and P. W. 6 Dr. M. K. Gupta.;