POONAM SRIVASTAV,J. - (1.) THE instant appeal was preferred by sole appellant, Bachchu @ Bachchu Singh, against judgment and order dated 5.8.1981 passed by Vth Additional Sessions Judge, Mathura, in Session Trial No.225 of 1979 convicting and sentencing the appellant under Section 307 I.P.C. to undergo seven years R.I. and fine of Rs.500/-. In default of payment of fine, he shall undergo further imprisonment of six months R.I. Occurrence is alleged to have taken place on 2.3.1979 at 1:00 a.m. First information report was lodged by Bharat Ram PW-1 on the same night on 2.3.1979 at 3:30 a.m. at Police Station Vrindavan, District Mathura. Bharat Ram, PW-1 is alleged to have received injuries in the incident.
(2.) THE prosecution case as disclosed in the first information report is that there was an ongoing litigation between Budhi and Leela in respect of some land. The complainant, Bharat Ram was a Sajhidar of Leela. Budhi wanted that Leela should not work as Sajhi. Accused Bachchu is son-in-law of Budhi. He had been doing Pairvi of the case on behalf of Budhi. Six or seven days prior to this occurrence, accused Bachchu had threatened complainant Bharat Ram with dire consequence in case he did not leave the Sajhidari. The complainant told him that he would leave Sajhidari after harvesting wheat crop. In the intervening night of 2/3.3.1979, the complainant, Bharat Ram was sleeping beneath a tin shed in front of his house. At about 1:00 a.m. he woke up on hearing sound of foot steps. He had a torch with him. He flashed his torch light and saw the accused Bachchu along with one more person standing there. As soon as complainant flashed his torch light, accused Bachchu fired at him with a pistol, which caused injuries. The complainant raised an alarm, which attracted his father Teja, and neighbours Bhagwan Das and Ratan. Bharat Ram sustained a number of injuries. He was issued majrubi chitti for Medical Officer Incharge of Civil Hospital, where his injuries were medically examined by Dr. R.S. Agrawal. According to the doctor, following injuries were found on person of the injured. 1. Multiple circular lacerated wound 1/10" to 2/10" in diameter x depth not probed in an area 12" x 7" on the front of both side of chest upper and middle part. Advised X-ray. Bleeding along with swelling. 2. Multiple circular lacerated wound 1/10" to 2/10" in diameter x depth not probed on the right forearm and hand in an area of 14" x 4". Bleeding along with swelling of whole of the forearm and hand. Advised X-ray.
(3.) THE aforesaid injuries were later on X-rayed by radiologist, District Hospital, Mathura. His report is Ex. Ka.10. Injuries are reported to be caused by firearm and simple in nature.;