RAJ KARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 6.6.1988 passed by Ist Additional Sessions Judge, Muzaffarnagar dismissing Criminal Appeal No. 90 of 1987 and confirming the conviction and sentence of the revisionists under sections 452 and 323/34 I.P.C. passed by Vth Additional Sessions Judge, Muzaffarnagar on 18.11.1987, in S.T. No. 229 of 1985, convicting the accused person under sections 323/34 and 452 I.P.C. and sentence each of the accused to six months imprisonment under section 323/24 I.P.C. and two years imprisonment under section 452 I.P.C. Feeling aggrieved, the revisionists have come up in the present revision.

(2.) BRIEF facts are that, prior to the incident, the complainant Kishan Lal had been a witness against the accused appellant Raj Kiran in a case under section 324 I.P.C. in which Raj Kiran was convicted. Raj Kiran was aggrieved by this conviction. On 11.4.1984 at about 8.30 A.M., Raj Kiran armed with his licenced gun accompanied with his brother Gopal entered in the house of Kishan Lal exhorting him to teach a lesson of being a witness against him, fired a shot from his licenced gun at him. At this Kishan Lal rushed inside to save his life. Hence, the accused Ompal assaulted Smt. Mahabiri, sister -in -law of Kishan Lal with lathi. On hearing the gun shot fire and hue and cry witnesses Rohtash, Kunda, Natthu and others come on the spot of occurrence for rescue. The F.I.R. of this incident was lodged on the same day at 10:15 A.M. The Magistrate committed the case to the Court of Session. Learned Assistant Sessions Judge has framed charges under sections 307, 323/34 and 452 I.P.C. against the accused persons who denied the charges and claimed trial.

(3.) IN the statements recorded under section 313 Cr.P.C., the revisionists took the plea that a murder case of their father was prosecuted against one Deep Chand seven years ago and he was sentenced to life imprisonment. It was further stated that the revisionist Kishan Lal was a witness on behalf of Deep Chand accused in that case and the accused have been falsely implicated due to enmity.