B.K.SHARMA, J. - (1.) THIS is an appeal against the judgment and order dated 26-2-1981 passed by Sri Ikramul Bari, the then IIIrd Addl. Sessions Judge, Bijnor in S.T. No. 317 of 1980, where by he convicted the accused-appellant Rohtash of the offence 307, I.P.C. and sentenced him to undergo R.I. for a period of 7years and to pay a fine of Rs. 20() and in default of payment of fine, to suffer R.I. for a period of 3 months.
(2.) THE prosecution story is that Roh­tash accused-appellant and his brother Anand had encroached upon the Kharanja of the Gaon Sabha in village Jalalpur Turk P.S. Nahtaur, District Bijnor by construct­ing a platform and had dismantled a Gram Panchayat platform, that Tara Singh in­jured P.W. 3 who was the Gram Pradhan had initiated proceedings under Section 133, Cr. P.C., that in consequence the plat­form was removed and Rohtash accused had to undertake to reconstruct the plat­form of the Gram Panchayat, that Rohtash had threatened Tara Singh injured with killing for initialing and pursuing the ac­tion, that co-accused Chandrapal is uncle of Rohtash, that he (Chandrapal) had ploughed the land reserved for Kuris in the village, that Tara Singh injured had in­itiated action against him (Chandrapal) in the Tehsil, and he was forced to vacate the land, that co-accused Chandrapal and ac­cused-appellant Rohlash both enter­tained animosity towards Tara Singh in­jured, that on 12-12-1979 at about 8.30 a.m. Tara Singh injured was sitting on a cot on the Chabulra in front of his baithak,and on the same cot his father Shyam Singh, his uncle Girdhari Singh and one Hori Singh of another village were also sitting, that accused-appellant Rohtash and co-ac­cused Chandrapal who were wrapped in blankets approached the platform of Tara Singh injured from the southern Rasta, that they took a turn to wards West on the North Eastern corner of the platform of Tara Singh injured, that on reaching be­hind Tara Singh injured Rohtash accused-appellant whipped out a single barrel gun and immediately fired at Tara Singh in­jured and injured him, that accused-appel­lant Rohlash and co-accused Chandrapal thereafter fled towards the jungle. The prosecution claimed that Genda Singh P.W. 4 saw the occurrence from his door. The EI.R. of this case was lodged at the police station by Pritam Singh inform­ant, P. W 5, the same day at 9.15 a.m. on the basis of which a ease under Section 307, I.P.C. was registered. The medical ex­amination of Tara Singh injured was made by Dr. Vijai Kumar, Emergency Duty Of­ficer, District Hospital, Bijnor on 12-12-1979 at 10.00 a.m. He found the following injuries on his person: "Injuries:-(1) One circular gun shot wound 1/2 cm x 1/2 cm x depth could not be ascertained, on the back on Rt. side near mid-line and margins irregular and inverted, one pallet lying *'. the floor of wound. Blackening about 1 cm size around this wound. Wound is 8 cm below the spine of Rt. scapula. Wound of entry. (2) Abrasion 1 cm x 1 cm size with one blister, on Rt. side and 3.5 cm above and to right of injury No. 1." Injuries were kept under observa­tion. X-ray was advised. The duration was fresh.
(3.) X -ray of chest revealed five rounded radio opaque shadows of metallic density in medial part of right lower zone by the side of shadow of spine. Boney cage is normal, lung fields and cesto phramic angles are clear.;