Shiv Singh vs State of U. P. - 2021 Supreme(All) 1640

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1640

AJIT SINGH
Shiv Singh – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : V.P. Goel, Atul Mehra and Sudhir Mehrotra

JUDGMENT :

Ajit Singh, J.

This criminal appeal has been filed against the judgment and order dated 26.3.1985 passed by the Session Judge, Mainpuri in S.T. No. 196 of 1984, under Section 307 I.P.C., Police Station-Kotwali, District-Mainpuri, whereby learned Judge convicted and sentenced the appellant to 05 years rigorous imprisonment under Section 307 I.PC.

2. The prosecution story in brief is that the present accused Shiv Singh entered into the house of complainant and enquired about the mother and father of the complainant and after 2-4 minutes hit his mother by country made pistol on account of which her mother shrieked and became unconscious. She was taken to District Hospital, Mainpuri where she regained consciousness and was medically examined by Dr. M.L. Gupta, PW-3. Her statement was also recorded by Tehsildar which is Ext. Ka-1. A written report (Ext. Ka-2) was filed at police station Kotwali Mainpuri by the complainant, Brijendra Singh. Thereafter, a chick report was prepared which is Ext. Ka-5 and entry was made in the General Diary at serial No. 23, an extract of which is Ext. Ka-14. Thereafter, Sub-Inspector, Maharaj Singh, PW-4 investigated the matter and recorded stateme