- (1.) R. P. Nigam, J. This criminal ap peal has been preferred against the judg ment and order dated 11-4-1983 passed in S. T. No. 208 of 1982, State v. Pratap Singh and another by Hlrd Addl. Sessions Judge, Lakhimpur-Kheri by which appel lant No. 1 Pratap Singh was convicted under Section 307, IPC and sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 2000 and in de fault of payment of fine to further undergo rigorous imprisonment for one year and appellant No. 2 Surcndra Singh was con victed under Section 307 read with Section 34, IPC and was sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 2000 and in default of payment of fine to further undergo rigor ous imprisonment for one year. It was also ordered that the amount of fine if realised, would be paid to the injured Hamid Ullah Khan for the injuries sustained by him.
(2.) THE case of the prosecution as dis closed in the written report Ex. Ka-1 lodged by Bahadur Khan PW-1 in the po lice station Mohamdi, District Lakhimpur-Kheri on 2-104980 at 11. 00 a. m. is as follows: Bahadur Khan son of Inayat Khan is the resident of village Magrena police station Mohamdi, District Lakhimpur-Kheri, Hamid Ullah real brother of Ba hadur Khan was near his field of sugar cane which was towards south of village Bichpuri and he was making a way for going to tube-well and on 240-1980 at about 10. 00 a. m. Pratap Singh son of Puttu Singh and Surendra Singh son of Lakhan Singh residents of village Bichpuri came there and had prohibited Hamid Ullah Khan from making a passage and an alter cation took place between them and Hamid Ullah Khan and in the meantime Akbar and Ali Hassan Khan son of Chhotey Khan residents of village Magrena who were cutting grass nearby and were con structing Mend came there and several other persons also collected there and Bahadur Khan also reached there and Pratap Singh and Surendra Singh started abusing Hamid Ullah Khan and Hamid Ullah Khan had prohibited them from abusing and upon this Pratap Singh had taken licenced gun of Surendra Singh and fired two shots at Hamid Ullah Khan and the shots were struck to Hamid Ullah Khan at his right thigh and at the left side of Husali and Hamid Ullah Khan had fallen down at once and Bahadur Khan and other persons after hearing noise of shots, ran and gave Lalkar and in the meantime Pratap Singh and Surendra Singh had run away towards their village with gu. . . On the basis of written report Ex. Ka-1, chick FIR Ex. Ka-2 was prepared and a case against the appellants was reg istered at report No. 13 of the G. D. under Section 307/504, IPC on 2-10-1980 at 10. 00 a. m. and the carbon copy of the re port No. 13 Ex. Ka-3.
(3.) AFTER registration of the case, in vestigation of the case was entrusted 10 S. I. Bhagwati Prasad Chaudhry PW-4. He started the investigation of the case and he recorded the statements of Bahadur Khan and injured Hamid Ullah Khan in the po lice station on 2-10-1980 and after that he proceeded for the spot and reached there and there he recorded the statements of Akbar Khan and Ali Hassan, Nabi Khan witnesses. He inspected the spot and on Nishandehi of the witnesses prepared site plan Ex. Ka-4. He found blood on the spot and he had taken blood stained clay and simple clay from the spot in his possession and sealed them in two separate contain ers and prepared memo in respect of them which is Ex. Ka-6. he found tiklis of cartridges on the spot and had taken these tiklis in his possession and had kept them in a potli and sealed them and prepared memo in respect of them which is Ex. Ka-6. Sri Bhagwati Prasad S. I. had taken li cenced gun of Surendra Singh from his house in presence of the wife of Surendra Singh on 11-10-1980 and prepared memo in respect of it which is Ex. Ka-7. He on 17-10-1980 recorded the statement of the witnesses of the memo Surendra Singh. He after completing the investigation, laid charge-sheet Ex. Ka-8 against the accused appellants under Section 307/504, IPC. The appellant No. 1 Pratap Singh was charged under Section 307, IPC and appellant No. 2 Surendra Singh was charged under Section 307/34, IPC by the court below.;