SHAILENDRA KUMAR AGRAWAL,J. - (1.) This Criminal Appeal has been filed by the accused/appellants Fauran Singh and Ruman challenging the impugned judgment and order dated 19.12.1997 passed by II Addl. Sessions Judge, Aligarh in Sessions Trial No.107 of 1993 (State of U.P. v. Fauran Singh and others); Crime No.81 of 1992 , Police Station Iglas, District Aligarh, whereby accused/appellants were convicted and sentenced under Section 324 IPC with three years' rigorous imprisonment.
(2.) Filtering out the unnecessary details, the prosecution story in brief is that on 19.03.1992 at about 5.00 p.m. complainant Prithvi Singh was smoking Hukka while sitting at the ambo (Chabutara) of his house; that after sometime one Tulli reached there and started smoking Hukka with the complainant; that subsequently co-accused Chhitu also reached there and asked the said Tulli why he is smoking hukka with complainant Prithvi Singh, on which complainant asked that it was an occasion of Holi festival and if Tulli was smoking Hukka, why he was raising objection; that in the meantime accused Fauran Singh armed with country-made pistol, accused Ruman armed with Ballam (spear) and accused Sughadi armed with Lathi reached there; that seeing them complainant began to proceed in his house and all the accused followed him and accused Fauran fired shot by his country-made pistol, but Smt. Jai Devi, wife of the complainant came between the accused and complainant, due to which Smt. Jai Devi sustained firearm injury on her occipital region; that accused Ruman struck spear blow on the person of complainant, due to which he sustained injury on front of right leg; that hearing the commotion, witnesses Talebar, Ran Singh and other reached at the spot and intervened in the matter; that thereafter accused escaped from the spot and the complainant Prithvi Singh taking his wife Smt. Jai Devi came at Police Station Iglas on the day of occurrence itself.
(3.) Complainant Prithvi Singh got scribed the written report Ex. Ka-1 by one Devki Singh and presented the same for registration of case, on the basis of which chik FIR Ex. Ka-7 was prepared and the entries were made in G.D. at crime no.81 of 1992 at 9.35 p.m. on 19.03.1992 at 9.35 p.m., carbon copy of the G.D. is Ex. Ka-8.;