Causing hurt is sufficient to attract life imprisonment under Section 307 IPC, and the injury need not be on the vital part of the body to establish guilt under this section.

ADITYA KUMAR TRIVEDI, J.

1. Appellant, Pintu Singh @ Rajnish Singh has been found guilty for an offence punishable under Section 307 of the IPC and sentence to undergo R.I. for ten years as well as to pay fine of rupees ten thousand and in default thereof, to undergo imprisonment for one months, additionally under Section 27 of the Arms Act whereunder sentenced to undergo R.I. for three years and to pay fine of Rs.3000, in default thereof, to undergo imprisonment of six month, additionally, with a further direction to run the sentences concurrently by the Additional Sessions Judge, IIIrd, Muzaffarpur in Sessions Trial No.29 of 2014 vide judgment of conviction dated 07-04-2015, order of sentence dated 09-04-2015.

2. Pratibha Gupta, PW.4 gave her fardbeyan on 17-06- 2013 at about 04:30 PM alleging inter alia that her younger son Raj Kishore Gupta @ Raju runs a grocery shop under tenancy of Sital Gupta. At about 04:00 PM he was sitting inside ship after opening the shop while she was in front of the shop, Pintu Singh, who happens to be her neighbour came at his shop and uttered whereupon, her son got up. During midst thereof, Pintu Singh took out loaded pistol and shot at. No sooner than, Pintu Singh pushed her whereupon she fell down and escaped therefrom. Sanjay Kumar Gupta came raising alarm that ‘Pintua’ has shot at Raju whereupon, her mohalla people assembled and lifted her son to hospital. It has also been disclosed that Pintu Singh happens to be criminal minded and used to show his power over the mohalla people. Usually, he took away goods from the shop and on demand of dues threatened.

3. On the basis of the aforesaid fardbeyan, Town P.S. Case No.301/2013 was registered followed with an investigation as well as submission of charge sheet after completing the same. After taking of cognizance, the case was committed, trial commenced and concluded in a manner, the subject matter of instant appeal.

4. Defence case as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial of the occurrence. It has also been pleaded that on the alleged date and time of occurrence appellant/accused was at Patna participating in ‘Shardh’ of father, of his Fufa along with his brother Sachin Kumar, during stay he developed liver problem and for that he was examined by Dr. Gulam Ahmad Sami. It has also been pleaded that injured might have sustained the injury at the hands of other criminals and for that, name of one Bittu Gupta has also been flashed at his end and further, it has also been suggested that he was arrested on the same day for the activity. Furthermore, it has also been pleaded that on account of prevailing animosity, he has been falsely implicated. In order to substantiate the same, also examined five DWs including Ext.A-the prescription having at the end of Dr. Gulam Ahmad Sami (DW.4).

5. The learned counsel for the appellant while challenging the judgment of conviction and sentence has submitted that prosecution utterly failed to substantiate its case on account thereof, the judgment impugned is fit to be set aside. In order to substantiate such plea, learned counsel for the appellant has submitted that injured has not examined and in likewise manner, his wife Mona, the FIR attesting witness. No explanation is there at the end of the prosecution on that very score. It has also been submitted that not event a single independent witness has been examined nor, there happens to be explanation at the end of the prosecution which has got primacy while appreciating the evidence of the witnesses. Because of the fact that P.O. happens to be a crowded place over main road and so, non-examination of independent witness is a circumstance which could be looked into in order to trace out false implication of the appellant as, appellant happens to be sole survivor in that mohalla dominated by the caste men of informant and so, they were bent upon to banish the informa