SAROJ BALA,J. - (1.) THIS criminal appeal is directed against the judgment and order dated 1 -8-2006 passed by the Additional Sessions Judge/FTC-III Gorakhpur in ST. No. 68 of 2004 whereby convicting the appellant Ram Pravesh alias Pakori for the offences under Sec-yon 307, I.PC. and Section 3/25 of the Arms Act and sentencing him to R.I. for ten years and fine with default clause un­der Section 307 I.P.C. and R.I. for two years and fine with default clause under Section 3/25 Arms Act.
(2.) THE facts giving rise to the appeal are that on 9-2-2003 at about 7.45 a.m. the first informant's father Harihar Prasad had been coming to his residence in vil­lage Samrona. When he reached near the grocery shop of Vijay Narayan Chaurasiya the appellant and co-accused demanded the reason for abusing them. The injured denied having ever abused them. At this the co-accused exhorted the appellant to kill him and the appellant took out the country made pistol and plac­ing it at the abdomen of injured opened fire. On hearing the sound of fire the wit­nesses reached there and tried to over­power the appellant and co-accused but they managed their escape showing coun­try made pistols and threatening the wit­nesses. The injured was taken to the Dis­trict hospital Gorakhpur from where he was referred to the Medical College. The first informant Varun Kumar (P.W. 1) got scribed the report of the incident (Ext. Ka-1) from Ajay Kumar and laid it at P.S. Jhagha on 9-2-2003 at 9.20 a.m. On the basis of written report chick F.I.R. (Ext. Ka-10) was prepared by C.P. Kuber Ram (P.W. 9) and crime was registered in the (G.D. at serial No. 19 at 9.20 a.m. on 9-2-2003 (Ext. Ka. 11). The injured was medically exam­ined on 9-2-2003 at 9 a.m. by Dr. S.K. Srivastava (P.W. 10). Two lacerated wounds 3 cm. x 2cm. x depth under ob­servation over abdomen with tattooing and blackening around the wound and another 2 cm. x 1 cm. x depth under observation over right side of abdomen were noticed as per injury report (Ext. Ka-13). The in­juries were caused by some fire-arm and were kept under observation. The injured was referred to Gandhi Memorial and As­sociated Hospitals Lucknow and was ad­mitted there on 9-2-2003. He was at­tended by Dr. Dhiraj Raj (P.W. 7), then posted as Junior Resident-l, in the depart­ment of surgery at G.M. and Associated Hospitals Lucknow. The injury report (Ext. Ka-2) was prepared on 11-4-2003 by Dr. Dhiraj Raj under the instruction of Dr. K.1 Singh. On 9-2-2003 the statement of injured Harihar Prasad (Ext. Ka-3) was re­corded by Dr. Dhiraj Raj. The Bed head ticket of injured (Ext. Ka-4) was prodi by the doctor at the trial. The injured discharged from the hospital on his re-; quest on 24-3-2003.
(3.) THE case was investigated by Rajendra Pratap Singh Yadav (P.W. then posted as incharge police out] Barahi. He interrogated the witnesses injured. The police custody remand of appellant was taken and recovery of country made pistol .315 bore, one empty cartridge .315 bore and a live cartridge .315 bore was made from the bushes situated near Gura river in pursuance of disclosure statement of appellant. The recover memo (Ext. Ka-6) was prepared at toil spot. The recovered weapon and cartridges were sealed. After completion investigation the Investigating Officer Submitted the charge-sheet (Ext. Ka-8) after taking sanction (Ext. Ka-9) for prosecution from District Magistrate for the offence under Section 25 of the Arms Act.;