P.N.Goel, J. - (1.) THE decision of these appeals rest on the credibility of the evidence of Rajendra Prasad Gupta (PW1), injured, a young lad of about 18 years, resident of village Dhata within police station Khakheru, District Fatehpur, because the only other eye witness examined Jeet (PW2) resident of village Dhata appears to be in the habit of giving evidence in cases.
(2.) REMARKABLE feature of the case is that Dr. Ram Sajiwan Shukla (PW5), who examined the injured, Jageshwar Prasad, S. I. (PW4), who investigated into the case and the prosecuting agency did not faithfully perform their duties. The evidence of Rajendra Prasad (PW1) has to be judged in the light of the defence of the appellants that they had not assaulted Rajendra Prasad and that the alleged gunshot injuries were fictitious. Relations between the family of Rajendra Prasad Gupta and the family of the appellants were highly strained from before the date of occurrence, i.e. 5-5-1974. On 3-1-1974 a dacoity was committed in the house of Rajendra Prasad Gupta. The dacoits had caused the death of his mother. Lalta Singh, Madan Singh and Virbhan Singh appellants were prosecuted for the dacoity. In this case the appellants were granted bail. Attempt was made by the members of the family of Rajendra Prasad Gupta to get their bail cancelled. An application for cancellation of bail was actually moved on 16-4 1974 and the bail of Madan Singh appellant was cancelled on 14-5-1974. In the instant case the defence contention is that in order to get the bail cancelled, the present occurrence of 5th May, 1974 was concocted. A case under Section 107 CrPC between the parties was also pending on the date of occurrence.
(3.) THE case of the prosecution against the appellants and Gappu Singh alias Prem Singh, brother of Lalla Singh, appellant was that on 5-5-1974 at about 7.30 a.m. Rajendra Prasad Gupta was going from his village Dhata to his field in village Ketmai to bring the harvested Arhar crop, that when he reached on the culvert all the four persons came out from behind a tree, that Madan Singh had a country made pistol, that 3 other persons had lathis, that the lathiwalas immediately began to assault Rajendra Prasad Gupta avowedly saying that he be killed, that thereupon Rajendra Prasad ran backwards, that Madan Singh fired a shot from his buck side, that Jeet (PW 2) and one Budhari came up and reprimanded the assailants, who bolted away towards east and the said witnesses took him to his house. On reaching his house Rajendra Prasad Gupta wrote out a report himself and then went to the police station which is 10 miles away. At 9.30 a.m. he lodged the report. The police sent him with a constable to Vijaipur hospital for the examination of his injuries but the doctor was not available there. Therefore, he was taken to Klaaga hospital where Dr. Ram Sajiwan Shukla examined him at 2 p. m. Oae gun-shot wound on the middle third off the back and another gunshot wound on the inner side of the left arm were found. Margins of both the wounds were black. Three contusions on the front of left forearm, on the right forearm and right side of back were also found.;