Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 1st April, 1987 whereby the learned Additional Sessions Judge No.2, Alwar convicted the accused appellant Virendra Pal Singh for the offence under Section 324 of Indian Penal Code and released him under Section 4 of Probation of Offenders Act on probation of good conduct.
(2.) The accused appellant has preferred this appeal against his conviction for the offence under Section 324 of Indian Penal Code and the complainant Banwari Lal @ Polya has filed a criminal revision imploring to convict him for the offence under Section 307 or 304/34 and 341 of IPC instead under Section 324 of Indian Penal Code and award adequate sentence therefor. Since both the aforesaid criminal appeal and criminal revision arise out of and pertain to the impugned judgment dated 1st April, 1987, they have been heard together and are being disposed of by this common judgment.
(3.) Necessary facts for the disposal of the aforesaid criminal appeal and criminal revision are, succinctly, stated thus: "That Shri Chiranji Lal, Assistant Sub Inspector, Police Station, Kotwali, Alwar recorded the parcha bayan (Ex.P-1) of injured Banwari Lal on 12th April, 1984 in the hospital, wherein Shri Banwari Lal stated that when he was coming from Akhada after doing physical exercise along-with Babu Lal Saini and reached near Gopal Talkies, he found himself to have been chased by Virendra Pal Singh, Hardev Singh and Hanuman Sharma. It is alleged that the accused Virendra Pal Singh was armed with revolver. It is further alleged that the Virendra Pal Singh assaulted upon his head with the butt of revolver and other co-accused Hardev Singh pulled him down by his leg. When he fell down, the accused Virendra Pal Singh fired at him. He immediately rushed towards Gopal Talkies. No sooner did he reach the channel gate of Gopal Talkies, he saw Virednra Pal Singh, Hardev Singh and Hanuman Sharma chasing him and in the mean-time Virendra Pal Singh fired at him, but same went in air. ";