JUDGMENT :

SURENDRA SINGH-I, J.

1. Heard Sri Sarvesh Kumar Dubey, Advocate holding brief of Sri Madan Mohan Chaurasia, learned counsel for the appellant as well as learned A.G.A. for the State.

2. This criminal appeal has been instituted against the judgment and order dated 24.08.1994 passed by IXth Additional District and Sessions Judge, Meerut, in Sessions Trial No. 698 of 1992, Bablu vs. State of U.P. arising out of Case Crime No. 46 of 1992 u/s 307 I.P.C. and Section 27(3) of Arms Act, P.S. Mavana, District-Meerut. There is no criminal appeal filed by the State or informant/injured against acquittal of appellant-accused u/s 307 I.P.C. Thus, the trial court’s order acquitting the accused u/s 307 I.P.C. has become final.

3. By the impugned order, the trial court has convicted the appellant, Bablu u/s 325 I.P.C. and sentenced him for 7 months 20 days imprisonment, the period which he had undergone in judicial custody during investigation and trial and a fine of Rs. 2,000/- with default stipulation.

4. According to prosecution case as mentioned in the written report (Ext.Ka.1) presented by the informant, Bablu Giri at P.S. Mavana, District-Meerut on 30.01.1992, he was going to the shop of Saket to purchase the bundle of bidis. In the way, Raghuvir Singh was beating Amar Singh. The informant stopped there to see the assault made by Raghuvir Singh. Thereupon, Raghuvir landed left fist blow on Bablu Giri. At 4 p.m. while Bablu Giri was returning after purchasing bundle of bidis from the shop, when he reached near the house of Shakir, Raghuvir scolding him, said that you have come here again. Meanwhile, informant’s father, Jaipal Giri reached there. Bablu complained to his father about beating given by Raghuvir. When informant’s father, Jaipal Giri asked Raghuvir the reason for beating his son, Raghuvir started abusing his father. Meanwhile, Raghuvir’s sons, Bablu and Shiv Kumar reached there with country-made pistol (katta) in their hands. With the intention of causing death, they fired on them. The pellets from the country-made pistol hit on the chest of the informant’s father causing injury to him. The pellets also hit Mamta, daughter of Satyapal, who was standing on the roof of her house, causing her injury. Meanwhile, Rajpal, Santa and other persons of the village reached there. They saw appellant firing on the informant and his father. Informant, Bablu Giri, presented written report (Ext.Ka.1) in the police station concerned on the basis of which first information report u/s 307 I.P.C. and Section 27 (3) Arms Act was registered against Raghuvir, Shiv Kumar and Bablu. Its chik report is (Ext.Ka.3). The investigation was done by S.I. Fakire Lal Verma. He prepared the recovery memo (Ext.Ka.2) relating to taking the blood-stained cloth in his possession.

5. The injured Km. Mamta was carried to P.H.C. Mavana where during medical examination, it was found that she had received firearm injury on the right side of her chest. Since her condition was deteriorating fast, no detailed medical examination was done and she was referred to Medical College, Meerut for examination and expert treatment. She was admitted to Medical College, Meerut on 30.01.1992 where her operation was done. Her Bed Head Ticket is (Ext.Ka.5). Injured Jaipal Singh, was medically examined on 30.01.1992 at 8.00 hours at P.H.C. Mavana (Ext.Ka.10). One gunshot wound 1 cm round was found on the left side of outer aspect of chest, 8 cm away from nipple. Charring seen, bleeding present. X-ray was advised.

6. The Investigating Officer, S.I. Fakire Lal Verma, collected plain and blood-stained clothes from the place of occurrence of the injured Km. Mamta and Jaipal, wrapped these clothes in white cloth stitched and sealed it and prepared the memo regarding taking the same in possession (Ext.Ka.2). He then prepared the site plan of the place of occurrence (Ext.Ka.8) and recorded the statements of witnesses and on the basis of evidence collected during investigation, submitted char