Point of Law: Voluntarily causing hurt by dangerous weapons - Benefit of doubt given to accused – Conviction set aside - On account of enmity based on litigation, there are chances of developing a false case and trying to falsely implicate appellants in this case once something unfortunate happened with injured either on spot or somewhere else.

JUDGMENT :

Arvind Kumar Mishra-I, J.

1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.

2. The instant appeal has been preferred against the judgment and order dated 08.06.2011 passed by the Additional Sessions Judge / Special Judge, J.P. Nagar, in Session Trial No.225 of 2007 State Vs. Kuwarpal and others, arising out of Case Crime No.834 of 2006, under Section 324 I.P.C., Police Station Naugawa Sadat, District J.P. Nagar, sentencing each of the appellant to undergo three years rigorous imprisonment coupled with fine Rs.5000/-with default stipulation for three months additional simple imprisonment.

3. Relevant facts of this case as reflected from record for understanding the outcome of this appeal appear to be that the first information report was lodged by Devendra Singh son of Ram Sukhiram Singh at Police Station Naugawa Sadat on 30.08.2006 at 9:30 p.m. regarding the occurrence pertaining to the firing that took place on 29.08.2006 at 8:00 a.m. in the village Akkha Nagla within Police Station Naugawa Sadat, District J.P. Nagar with description that on 29.08.2006 at about 8:00 a.m., the informant's son Pushpendra and his nephew Vipin Kumar son of Samarpal, resident of Samandpur, Police Station Rajavpur who had come over to the house of the informant, were proceeding towards tubewell of the informant carrying gadget tools for irrigation on the bullock / buffalo cart ('Buggi'), while the informant who had arrived at the tubewell prior to them was waiting for them over there. After waiting for a while, when they did not arrive at the tubewell the informant out of curiosity came on the chak-road leading towards his village for tracing them and in the meanwhile when he was passing along, he heard sound of fire near sugarcane field of Natram. He rushed in that direction where he saw Kuwarpal, Vijendra and Santram who after firing on his nephew made their escape good towards the southern side of the chak-road. The informant saw his nephew seeped in blood on the cart (buggi). It has further been narrated in the first information report that there was persisting enmity between the accused and the informant on account of pending litigation. The informant was told by his son and nephew that three accused who were possessing 'Tamanchas' (country made gun) opened fire but the fire shot by Kuwarpal hit his nephew. A number of persons arrived on the spot. The informant and the people who had arrived on the spot afterwards took the injured to the government hospital Amroha and Moradabad due to which delay was caused in lodging the report. This written report is Ext. Ka-1.

4. On the basis of the written report, its contents were taken down in the Check F.I.R. (Ext. Ka-3) at Case Crime No.834 of 2006, under Section 324 I.P.C. at Police Station Naugawa Sadat on 30.08.2006 at 9:30 p.m. and the case was registered by entering relevant note in the concerned general diary of aforesaid date at the aforesaid Police Station at 9:30 p.m. at aforesaid case crime number under aforesaid section of I.P.C., carbon copy of the general diary entry is Ext. Ka-4.

5. Record reveals that the injured was brought to the C.H.C. Amroha prior to the lodging of the report and was medically examined by Dr. Gyan Singh (PW-9) on 29.08.2006 at 10:00 a.m. who found the following injuries on the person of the injured Vipin Kumar:-

I. Circular lacerated wound 2 cm in diameter, depth cannot be probed due to bleeding. There is blackening and scorching of hair around the wound in 6 cm in diameter around a huge traumatic swelling at medial side of knee joint. This 'wound' was present medial side of left knee joint, 6 cm medially from top of left knee.

II. There is wound of exit lacerated wound, 1 cm diameter margin evert, no blackening. There is traumatic mild around. Advised x-ray. It is 9 cm lateral from top of knee. Kept under observation. Advised x-ray.

All above injuries were caused by firearm (gunshot) wound.

(I) wound of entry, (II) wo