1. By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order of conviction dated 21.04.1986 passed by III Additional Sessions Judge, Shahjahanpur in Sessions Trial No.371 of 1982 (State Vs. Kallectar Sing & others), arising out of case crime no.42 of 1982, Police Station- Sehramau South, District- Shahjahanpur, whereby accused appellant- Bhagwan Singh @ Chhotey Bhaiya- has been sentenced to one year R.I. under Sections 307/34 IPC.

2. Pertinent to mention that out of three appellants two appellants, namely, Nawab Singh (appellant No.1) and Virendra Singh (appellant no.3) have died during pendency of this appeal. Therefore, the appeal stood abated qua Nawab Singh (appellant No.1) and Virendra Singh (appellant no.3) vide order dated 03.02.2017. Now, this appeal is being adjudicated upon in respect of the only surviving appellant- Bhagwan Singh @ Chhotey Bhaiya.

3. Facts relevant giving rise to this appeal as reflected from the record appear to be that an FIR was lodged by informant Ganga Singh (P.W.2) by presenting written report (Exhibit Ka-1) at police station- Sehramau South, District- Shahjahanpur on 7.2.1982 at 1.30 A.M. against several accused including the present appellant at Case Crime No.42 of 1982, under Section 307 IPC, whereby the allegations were made regarding injury being caused on the informant side, particularly on injured Anag pal in the incident, which took place around 5.00 P.M. on 06.02.1982 on account of some landed dispute going on between the informant, Kallector Singh and Nawab Singh and some dispute regarding distribution of woods. The informant cut woods of mango tree of his share and gave it to his relative and conveyed it over to his home. In the evening around 5 P.M. The informant was coming to home from his field, when he reached in front of door of Nawab Singh, Kallector Singh said to him as to how he has stacked wood, which wood is owned by him also. Informant said to him that he has taken only his share, if he wants share, he may also get it. At this, several persons including the appellant arrived on the spot and one of the accused possessed gun, whereas the others including the appellant who possessed lathi began to assault the informant side, in the meanwhile, injured Anang Pal along with two others arrived on the spot then at the exhortation of Nawab Singh, the other co-accused fired with his gun; which hit Ananag Pal on his arm and stomach. The informant, somehow, saved himself. A number of villagers arrived on the spot when the assailants fled away from the scene.

4. Initially, contents of the written report were taken down in the concerned Check FIR at Case Crime No.42 of 1982, under Section 307 IPC on 7.2.1982, at Police Station- Sehramau South, District- Shahjahanpur. Check FIR is Exhibit Ka-3. On the basis of entry made in the Check FIR, a case was registered against the accused- appellant in the concerned General Diary at serial no.2 of aforesaid date and time at aforesaid case crime number. Copy of the concerned General Diary is Exhibit Ka-4.

5. The injured was sent to District Hospital, Shahjahanpur where he was examined medically by Dr. A.K. Jain (P.w.1) at 9 A.M. On 7.2.1982. The doctor found the following injuries on his person:-

1- Gundshot wound of entrance, four in numbers, in an are of 4 cm x 7.5 cm on back of upper part of left forearm just below left elbow joint, two of them measuring 3 cm and 1 cm in diameters and the remaining two measuring 0.5 cm each in diameter. Depth not probed, margins inverted, clotted blood present. Blackening, tattooing and scorching present. Gunshot wound of exit measuring 4 cm in diameter x depth not probed on posterior medial aspect of left elbow joint, 4 cm away from wound of entrance, margins everted, clotted blood present, traumatic swelling red in colour 12 cm x circumference around upper part of left forearm, lower part of upper arm and left elbow joint.

2- Abrasion 1.5 cm