In criminal cases, conviction is sustainable when consistent ocular testimony is corroborated by medical evidence of injuries, even in the minor absence of forensic traces at the scene, provided the incident report is prompt and eyewitness reliability remains unimpeached.

JUDGMENT :

SANJIV KUMAR, J.

1. Heard Shri Sapan Kumar Singh, learned Counsel for the appellant, Shri Akhilesh Kumar Mishra, learned A.G.A on behalf of the State and perused the material on record.

2. This appeal has been filed under Section 374(2) Code of Criminal Procedure, 1973, (in short Cr.P.C.), by appellant Hari Lal son of Parmeswar, resident of village- Pipara Mudera, Police Station- Ghughuli, District- Gorakhpur against the impugned judgment and order dated 27.11.1982 passed by Sri Ram Surat- Ist Assistant Sessions Judge, Gorakhpur in Sessions Trial No. 463 of 1982, under Section 307 Indian Penal Code, 1860, (in short IPC) and Section 25 Arms Act.

3. By the impugned judgment and order dated 27.11.1982 the learned trial court has convicted the appellant for offence punishable under Section 307 IPC and sentenced him to undergo rigorous imprisonment for a period of 7 years and for offence punishable under Section 25 Arms Act, he was convicted and sentenced for rigorous imprisonment of 1 years. It was directed that all the sentences shall run concurrently.

4. Brief facts of the prosecution case are that first informant Phoolmati wife of Lal Ji, resident of village- Pipara Mudera, Police Station- Ghughuli, District- Gorakhpur, submitted a written application (tehrir) Ext. Ka-1, before Police Station Ghughuli, stating therein that her husband Lalji has died about 10 years ago and she has a son aged about 9-10 years. There is enmity between herself and Hari Lal son of Parmeswar, since many days. He wants to murder her to grab her property. In this regard on 30.07.1978 he had fired at her with the intention to kill and injured her over neck with knife, regarding which she has lodged an FIR. On 23.04.1980 he was enlarged on probation by the Sessions Court and since then he was after her to kill and threatened her several times. Today, she had gone to drop her mother to her house then at about 11:00 am. near roundabout under Belwatikar, as soon as she went in a field to urinate, the accused fired at her with intention to kill. She sustained injuries over left side of chest and shouted bachao bachao. Upon her alarm Bhulai son of Chillar, Paras son of Ram Narayan, Laxmi Kahar son of Palohi, Indradev Chowkidar and Gopal reached there shouting, and they captured Hari Lal and upon his search a country-made pistol and a knife and two cartridges were recovered from his possession. Upon this tehrir (written application) an FIR in Case Crime No.228 of 1981, under Section 307 IPC and Case Crime No.229 of 1981 under Sections 25 Arms Act, was lodged on 21.12.1981 at 13:30.

5. The investigation was entrusted to S.I. Prabhunath Singh who investigated the case. He recorded statements of the first informant, witnesses and the accused. The accused and the first informant were medically examined. The I.O. investigated the place of occurrence and prepared its site-plan and after investigation filed charge-sheet under Section 307 IPC and 25 Arms Act before the competent court.

6. The court concerned took cognizance of the offence and summoned the accused. He appeared before the court and copies of relevant prosecution papers were furnished to him under Section 207 Cr.P.C. and thereafter the case was committed to the Court of Sessions for trial.

7. The accused appeared before the learned trial court, where both the