O.P. Bishnoi, J. - (1.) This appeal has been filed by the three accused-persons Kuldeep, Subhash and Vijay Pal, who have been found guilty for the offences punishable under sections 307,307/34 of the Indian Penal Code and Section 27 of the Arms Act by the learned Sessions Judge, Sriganganagar vide judgment dated 7.10.1987.
(2.) According to the prosecution story, the incident took place on 7.2.1986 at 5.30 p.m. and the oral FIR Ex.P/1 was lodged by PW-1 Mohan Lal at 6.15 p.m. on 7.2.1986 at Police Station, Sadar (Sriganganagar).
(3.) According to the FIR Ex.P/1 Mohan Lal and his son Hansraj (PW- 2) were returning from Sriganganagar to their residence Chak No. 2Y and the three appellants and Mukand Lal and Binja Ram were waiting with fire-arms near the tube-well of Labh Singh. Mukand Lal had a double barrel gun, Kuldeep had a single barrel gun, Binja Ram had a rifle and pistols were wielded by Vijay Pal and Subhash. When the motor-cycle came near the said five accused-persons, all the five shouted to the effect that the enemies have come who must be killed. Thereupon the accused-Kuldeep fired his gun which hit PW-2 Hansraj. Thereafter PW-1 Mohan Lal took to his heels and went behind a 'kikar' tree. Mukand Lal fired at Mohan Lal, as a result of which a pellet injury was received by Mohan Lal on the middle finger of his left-hand. Mohan Lal and Hansraj both raised hue and cry, consequent to which PW-3 Omprakash (nephew of Mohan Lal) appeared on the scene, who was going to a flour-mill and when he dared the accused-persons all the five took to their heels. A case under Sections 147, 148, 149 and 307 of the Indian Penal Code and Section 27 of the Arms Act was registered. Initially challan was filed against Subhash Chand and Kuldeep Kumar. Thereafter, the investigation was changed and the accused-Vijay Pal and Omprakash were also challaned. It was found that Mukand Lal and Binja Ram were not involved in the incident. The said trial Court heard the arguments and found that there was no evidence against the said Omprakash and consequently, an order of discharge was passed vis-a-vis Omprakash on 18.7.1986. The remaining thee Subhash, Kuldeep and Vijay Pal were charged for the offences punishable under sections 307-307/34 of the Indian Penal Code and Section 27 of the Arms Act. All the three pleaded not guilty.;