Court No. - 47
Case :- GOVERNMENT APPEAL No. - 7397 of 2006 Appellant :- State Of U.P.
Respondent :- Dushyant Singh And Another Counsel for Appellant :- Govt. Advocate Counsel for Respondent :- Fanees Mishra
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Anil Kumar Kushwaha holding brief of State of Uttar Pradesh.
This appeal has been filed against the judgment of acquittal passed by learned Additional Sessions Judge/ Fast Track Court No. 1 Bijnor dated 22.07.2006 by which Bheeshm Singh respondent no. 2 was acquitted under Sections 307, 504 & 506 I.P.C. and Section 25 of Arms Act and convicted under Section 326 I.P.C. and sentence for three years rigorous imprisonment and a fine of Rs. 5000/- and in default of payment of fine, imprisonment for further six month under Section 326 I.P.C. While Dushyant Singh has been acquitted under Sections 307, 504 & 506 I.P.C.
The incident is alleged to have taken place on 16.06.2003 at 7:00 p.m. and the F.I.R. has been lodged on the same day. According to the prosecution story as narrated in the F.I.R. that on 16.06.2003 Nardev Singh (father of informant), was on his roof then accused Dushyant Singh and Bheeshm Singh were found looking in the house of the complainant. On seeing this act, Nardev Singh came down to prevent the accused from looking in his house then altercation started between Nardev Singh and accused and accused also used the filthy language to his father. When the Nardev Singh resisted the accused from abusing then the accused Bheeshm brought out pistol from his pant and fired upon him which caused injury in his stomach. Thereafter the accused ran away from the spot. Bheeshm was later on resisted on 26.06.2003 along with country made pistol as such a separate case under Section 25 of Arms Act was registered against him.
In order to prove the prosecution case, prosecution examined as Dheeraj Mani (PW-1), Nardev Singh (PW-2), Dr. Neenu Kapoor (PW-3), Dr. Navneet Kumar (PW-4), Constable Prem Pal Singh (PW-5), Sub Inspector Saleem Miya (PW-6), Sub Inspector Sudarshan Chandra Katoach (PW-7), Dr. Ganesh Yadav (PW-8) and Constable Hari Om Sharma (PW-9).
In the present incident, Nardev Singh PW-2 is injured witness and he has proved the offence. He stated that on 16.06.2003 at 7:00 p.m. the accused were looking inside his house when he resisted them then they started abuse him on which he came down from the roof and the accused also came down on the way when he stopped them for not to abuse him then Bheeshm brought out pistol from his pant and fired upon him thereafter they fled away from the spot. The injury of Nardev Singh was proved by Dr. Navneet Kumar PW-4 who has also operated Nardev Singh. According to him the bullet injury has damaged the small intestine at five places and there was fractured in the upper part of pelvic bone. In X-ray report one pellet/bullet was seen 2-3 cm. in the body.
Trial court after considering the evidence on record held that there was no allegation against Dushyant by Nardev Singh PW-2 except that he was looking towards house of the informant. Therefore no offence against Dushyant was proved. So far as Bheeshm is concerned during altercation he caused gun shot injury to Nardev Singh but there was nothing on record to prove that he had any previous motive or there is any allegation that he had any intention to cause death of Nardev Singh. The injury was not grievous sufficient to cause death in ordinary course. Therefore, Bheeshm was convicted under Section 326 I.P.C. and acquitted the Bheeshm Singh and Dushyant Singh from other charges. No previous sanction for prosecution has been taken from the District Magistrate concerned as such no cognizance of the offence under Section 25 Arms Act can be taken.
We have considered the argument of learned counsel for the appellant. A perusal of the statement of Nardev Singh who was only witness who has proved the incident, does not indicate that any act apart from looking towards the house, was done, therefore acquittal of Dushyant from all charges does not suffer from any illegality.
The trial court has recorded a finding that no prior sanction from District Magistrate concerned has been taken for prosecution of Bheeshm under Section 25 of Arms Act. This finding has not been challenged thus acquittal under Section 25 of Arms Act also does not suffer from any illegality.
From the statement of Nardev Singh PW-2, it appears that neither Bheeshm has any previous motive to cause his death nor he made fire with an intention to cause his death. Doctor has not stated that injury was sufficient in ordinary course to cause the death. In such circumstances, the trial court has acquitted him from the charges under Section 307 I.P.C. rather convicted him under Section 326 I.P.C.
The reason assigned by the trial court is a cogent reason and no interference can be made by this Court. The appeal has no merit.
In view of above, this application seeking leave to appeal is, accordingly rejected and consequently the appeal is also dismissed.
Order Date :- 25.2.2019 Sharad/-