INDRAJEET AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order of conviction dated 04.01.1988 passed by the VIII Additional Sessions Judge, Bareilly, in Sessions Trial No. 257 of 1983 - State Vs. Indrajeet and another, arising out of Case Crime No.101, Police Station- Deorania, District- Bareilly, whereby, the appellant- Indrajeet - has been convicted and sentenced to seven years R.I.- Under Section 307 IPC; and appellant- Sunder Lal- has been convicted and sentenced to two years R.I. under Section 307 read with Section 34 IPC.

(2.) Heard Sri Sandeep Mishra, Sri Vishvendra Singh, learned counsel for the appellants and Sri B.D. Nishad, learned AGA for the State and perused the record of this appeal.

(3.) Facts of this case, as discernible from the record, appear to be that the FIR dated 27.1982 lodged at 10.30 A.M. (Exhibit Ka-2), which was orally dictated to Constable- Sriniwas by the informant- Prithvipal s/o Bihari Lal Gangwar, resident of village- Gargaiya, Police Station- Deorania, District- Bareilly, is indicative of fact that Bihari Lal (informant's father) and Omwati (informant's mother) were sleeping in the 'Chhappar', whereas, informant- Prithviraj- along with his wife- Durgawati- were sleeping in the 'Khaprail' (baked mud tiles)- adjacent to the place where Bihari Lal and his wife Omwati were sleeping. At about 2-2.30 A.M. in the night, due to some sound, they woke-up and Bihari Lal asked as to who was there. The informant- Prithvipal- flashed torch light and saw Indrajeet and Sunder Lal (informant's uncle) standing in the courtyard. Sunder Lal instigated Indrajeet to open fire and on the instigation, Indrajeet shot fire with country-made gun (tamancha) at Bihari Lal and fled away from the spot. On Screaming of Bihari Lal and informant's family, Mathura Prasad and some other villagers arrived on the spot where they saw Bihari Lal sustained injuries on the left side of his chest and blood was oozing out. As soon as the informant started conveying his father on the 'dunlop', it began to rain. However, he along with others reached to the police station. Informant requested to send his father for treatment in the hospital as the condition of his father was deteriorating and request for lodging the report was made against accused- Indrajeet and Sunder Lal.