Point of law: It is evident that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 I.P.C. The intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances. Among other things, the nature of the weapon used and the severity of the blows inflicted can be considered to infer intent.

JUDGMENT :

1. These two criminal appeals arise out of a common judgment and order dated 14.10.1988 passed by VII Additional Sessions Judge, Sitapur in Sessions Trial No.218 of 1987 whereby the appellants Santu, Naresh, Ram Shankar, Prem Narain, Bahori, Jagannath and Bhudhar have been convicted and sentenced to undergo rigorous imprisonment for three years under section 148 I.P.C.. They are further convicted under Section 307 I.P.C. read with section 149 I.P.C. and each of them is sentenced to undergo Rigorous Imprisonment for ten years. Both the sentences of all the accused appellants were directed to run concurrently.

2. As per the prosecution case narrated in the written report, Ex.Ka.6, Lallu, father of the accused Santu and Naresh was murdered. In the said case, Santu had named Shiv Balak Ram, complainant of the present case and others. At the time of the present incident, the murder cases was pending before the trial court. There was enmity between the complainant and Santu and others and a case under Section 107/117 CrP.C. was also pending in the Court.

Due to the said enmity, on 23.6.1986 at about 6.00p.m. in village Shah Singhpur, P.S. Kamlapur, district Sitapur when the complainant Shiv Balak Ram was coming to his home after attending natural call, near Ahata of Ramasrey, situated towards north of the village, he saw accused Santu, Hori Lal and Jagannath, armed with guns, Naresh armed with double barrel gun, Ram Shankar and Prem Narain armed with addhi (half guns) and accused Bhudhar (since dead) was standing at a distance of 50 to 60 paces. On seeing Shiv Balak Ram, accused appellant Santu exhorted to kill and on this extortion, the accused persons started to fire on Shiv Balak Ram, causing injuries to him. In order to save her son, Smt. Shakunti, P.W.2 ran, however, she also sustained fire arm injuries. In the meantime, witnesses Ram Milan, Ramesh Chandra (P.W.1), Kanauji Lal, P.W.3, Lallu, Shamle and others reached near the place of the occurrence. On challenge being made, the accused persons ran away towards village Santraha. The complainant later on came to know that the accused persons are lying in ambush in the way towards the police station and as such, he did not proceed to police station for lodging the report in the same evening. On the next morning, he got the report of the incident ascribed by Gobardhan Lal, P.W.6 and proceeded towards police station in a bullock-cart along with his injured mother Smt. Shakunti. On reaching the police station at 8.00a.m. on 23.6.1986, he gave a written report, Ex. Ka-6 to Constable Sardar Husain, P.W.4, who prepared chick report, Ex.Ka.1 and registered a case under sections 147, 148, 149/307 I.P.C., P.S. Kamlapur, district Sitapur against all the accused persons. He also prepared Chitthi Majrubi of injured Shakunti and Shiv Balak Ram and referred them to the Medical Officer, Barai Jalalpur for medical examination.

3. The Medical Officer of Primary Health Centre, Jalalpur examined the injuries of injured Shiv Balak Ram at 12.30p.m.. He found the following injuries :

1. Fire arm wound 1.0 x 1.5 on the front of right thigh 16cm below the right anterior superior ilioc spine. Clotted blood present.

2. Fire arm wound 1.0 x 1.5c.m on the anterior aspect of right thigh 19cm above right knee joint

3. Fire arm wound .5cm x 1c.m. on the anterior aspect of right thigh 13cm above right knee joint

4. Fire arm wound 1.00cm x .5c.m. on the medical aspect of right thigh 22cm above the right popliteal fossa

5. Fire arm wound 1.0 x 1.5cm. on the anterior medical aspect of left thigh 21cm below the left anterior superiro ilioc spine. Clotted blood present.

6. Two fire arm wound 1.0 x 1.5cm and 1.5 x .5cm and the anterior aspect of left thigh 18cm and 19.5cm above left knee joint.

7. Fire arm would 1.0 x 1.5cm on the posterior aspect of left thigh 13cm above left popliteal fossa.

On the same day at about 1.10p.m., injuries of Smt. Shakunti were also examined by the doctor who found following injuries :

1