On the basis of materials available on record through the prosecution witnesses, the learned Additional Sessions Judge companyvicted him for the offence under Section 307 and sentenced him to rigorous imprisonment of five years.
The said Nakkal was examined by PW 5, the Doctor who was on duty at the Primary Health Centre and gave the injury report, Exh.
Nakkal raised an alarm on account of which Ram Kala and Pitam reached the scene of occurrence and at that point of time, Nakkal fell down and the accused made his escape.
This Court having granted leave, the present appeal is before us.
During trial, the prosecution witnesses, PW 1 and 2 merely stated as to what they heard from the injured at the relevant point of time and according to PW 2, the injured had told him that the assailant, Sukhar had fired upon him.
The informant was then taken to the hospital for medical examination.
On companypletion of investigation, the police submitted the charge sheet and ultimately the accused stood his trial.
On the fateful day during the morning hours,while Nakkal was going on the road, Sukhar caught hold of his back and fired a pistol shot towards him.
Prosecution case in nutshell is that Nakkal appeared at the police station on the date of occurrence at 9.40 a.m. and narrated the incident as to how he was injured by the accused.
When Nakkal demanded batai, Sukhar abused Nakhal and refused to give any batai.
The police then treated the said statement as First Information Report and started investigation.
The two witnesses, Pitam and Ram Kala, brought Nakkal to the police station whereupon the police recorded the statement of Nakkal and started investigation.
Thus,there was enmity between Nakkal and Sukhar.
On an appeal being carried, the High Court of Allahabad upheld the companyviction and sentence of the appellant and dismissed the appeal.
PATTANAIK, J. The appellant stood charged for the offence under Section 307 IPC for causing injury to Nakkal on 17.4.78 at 7.30 a.m. near the Chak in village Tejalhera in the district of Mjuzaffarnagar.
As per the FIR, the accused Sukhar is the nephew of Nakkal and had cultivated the land of Nakkal forcibly.
