Amar Saran, J. - (1.) THIS Government appeal has been filed against the judgment and order dated 9.11.2001, passed by the learned Additional District and Sessions Judge. Court No. 1, Kanpur Dehat in S. T. No. 45 of 1994, whereby the accused-respondents have been acquitted of the charge under Section 307/34, I.P.C.
(2.) IN a nutshell the case of the prosecution was that there was enmity between the informant Jagdish's maternal uncle (mama), the injured Nankoo Prasad and accused Kishan Lal and others and because of that enmity, on 24.6.1990 at about 8.30 a.m. when Nankoo Prasad was purchasing articles from the shop of Sone Lal Raidas, Kishan Lal, armed with his licensed gun and co-accused-Ram Chandra and Laxmi Narain armed with country-made pistols and one Mohan (who died during the trial) armed with kanta, arrived there. On the exhortation of Ram Chandra "Maar do sale Nankoo Prasad ko aaj bachnay na paye", Kishan Lal with his licensed gun and Ram Chandra and Laxmi Narain with their country-made pistols, fired at Nankoo Prasad with an intention to kill him. On receiving injuries Nankoo fell down and raised a cry. On his cries the informant Jagdish, Nankoo's elder brother Mool Chandra and co-villagers Ganga Prasad, Vinod Kumar, Banshi Lal, Dinesh Kumar, Gajendra and Lakhan came running there and tried to intervene, but they also received a large number of injuries. The informant Jagdish, Chhotey Lal, Ajodhudhi, Uma Shanker and many others, however, escaped injuries. On the cries raised by the prosecution party, Ram Chandra and three other co-accused ran towards village Ahiran Purwa. Out of fear, the witnesses did not pursue them. The informant then got a report scribed by Bachan Singh and proceeded on a Tempo together with the injured Nankoo, Banshi Lal, Dinesh Kumar, Gajendra and Lakhan to the reporting outpost Raniya, of police station Akbarpur, which was 6 Kms. away, where they handed over the report at 9.30 a.m. on the same day. Check and nakal reports were prepared by H. M. Surendra Pratap Singh. Constable Hari Shanker Singh took the injured persons for medical examination. Dr. P. B. S. Chauhan, P.W. 2 conducted the medical examination of the injured on the same day, i.e., 24.6.1990 between 11.40 and 12.05 p.m. at the U.H.M. Hospital, Kanpur where he was posted as E.M.O. He found the following injuries on Nankoo Prasad : "Multiple firearm wounds of entry 0.5 cm. x 0.5 cm. and 0.4 cm. x 0.4 cm. depth not probed over right side chest. Abdomen and hip (all lateral aspect) kept under observation. X-ray advised. Duration fresh. Opinion-Injury caused by firearm kept under observation. Advised x-ray of right side chest, abdomen, hip A.P. and Lateral view. Pt. admitted." The Doctor found the following injuries on the body of Banshi Lal : "Firearm wound of entry 0.4 cm. x 0.3 cm. x depth not probed on front of neck 1 cm. to the left of mid-line 3.5 cm. above. Due to that injury there was a swelling of 7 cm. x 5 cm. on the left side of neck. Kept under observation. Duration fresh. Opinion-Injury caused by firearm kept under observation. Pt. admitted. Adv. X-ray of neck and upper chest A.P."
(3.) DR. P. B. S. Chauhan, P.W. 2 found the following injuries on the body of Vinod : "1. Firearm wound of entry 0.4 cm. x 0.4 cm. on front of right shoulder x depth skin deep. 2. Firearm wound of entry 0.4 cm. diameter (left) side in front of chest 4 cm. below medial end of clavicle x skin deep. 3. Firearm wound of entry 0.4 cm. diameter x skin deep front of right chest 1.5 cm. lateral to xiphisternum. 4. Firearm wound of entry 0.4 cm. diameter x skin deep on left side chest 3 cm. Lateral to xiphisternum. 5. Firearm wound of entry 0.4 cm. diameter x skin deep on medial side middle of right thigh. Duration-Fresh. Opinion : All above injuries are caused by firearm. Kept under observation X-ray of chest and right shoulder, thigh (Rt) all A.P. view." The Doctor found the following injuries on the body of Mool Chandra : "1. Multiple wound of entry by firearm 0.4 cm. to 0.5 cm. diameter scattered over right side head, neck, nose, front of arm (right) front of chest x depth not probed. Kept under observation. Advised. X-ray. 2. Left eye-swollen sub-conjunctiva haemorrhage kept under observation. C/o loss of vision referred to eye-surgeon. Duration-Fresh. Opinion-Injuries caused by firearm kept under observation. Adv. X-ray of head, neck, chest right arm A.P. view. Referred to eye-surgeon. Pt. Admitted. ;