Allahabad High Court
Prem Singh vs State Of U.P. on 12 April, 2022
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 822 of 2002
Appellant :- Prem Singh
Respondent :- State of U.P.
Counsel for Appellant :- Rakesh Kumar Tripathi,Pawan Kumar Pandey
Counsel for Respondent :- Govt.Advocate
Hon'ble Rajeev Singh,J.
Case called out in the revised list.
None appeared to argue the appeal on behalf of the appellant. Learned A.G.A. has assisted the Court in disposing of this appeal.
This appeal is directed against the judgment and order dated 27.04.2002, passed by Additional Sessions Judge, Court No.10-Sitapur in Sessions Trial No.754/2000 arising out of Case Crime No.151 of 1989 whereby accused Prem Singh was found guilty of the charge under Section 307 IPC and sentenced to seven years' R.I.
The prosecution story, in brief, is that the occurrence is alleged to have taken place on 22.10.1998 at 2:30 after noon in village Qusimpur, Hamlet of Ambarpur, Police Station Atariya. A written FIR was lodged by complainant-Gajraj and it was alleged that on 22.10.1998 at 2:30 p.m. the complainant Gajraj had gone to take bath in river Gomti and there accused Prem Singh met and inquired from complainant as to how may people of village Virsapur have fire arm weapon. Complainant replied that he does not know as to how many persons have fire arm weapons in village Virsapur, then accused Prem Singh became angry and fired with country made pistol upon the complainant, as a result of which, complainant received injury in his hand and back, therefore, FIR in question was lodged on the written complaint of complainant.
Dr. Jeta Singh P.W.4 conducted the medical examination of the complainant on 23.10.1998 and he had found two injuries:- (i) Fire arm injury, circular in shape having diametre .2 cm in right hand, blacking was present around the wound and blood was oozing out from the injury. (ii) second injury was a fire arm injury size .4 cm x .2 cm present on right side back on right side back on right scapula, blackening was present around the injury and the injuries were found to be fresh.
S.I Ram Verma was entrusted with the investigation of this case. After observing the usual formalities of investigation, he submitted a charge-sheet Ext.Ka 2 against the accused Prem Singh.
Accused Prem Singh pleaded not guilty to a charge under Section 307 IPC. He has also stated that due to some enmity, he has been falsely implicated in this case.
In support of its case, the prosecution has examined Gajraj P.W.1 (injured), Ram Presad P.W.2 (eye witness), Sri Ram Verma (Sub Inspector) P.W. 3, Dr. Jeta Singh P.W.4 and Afaq Husain- (IO) P.W.5.
On perusal of the statements of the witnesses of fact, the learned trial court held that the prosecution has successfully proved a charge under Section 307 IPC against accused Prem Singh. The complainant (injured) himself had supported the prosecution case on oath. After hearing accused Prem Singh on the question of sentence, learned trial court awarded him the sentence noted hereinabove. Trial Court has rightly appreciated the evidence placed by the prosecution, therefore, there is no illegality in the judgment and order passed by the court below.
As the Superintendent, District Jail, Sitapur has informed this Court, vide report dated 01.06.2020 that appellant had been released on 24.09.2009 after completing the sentence awarded to him. Even otherwise also, the appeal has no merit. The prosecution case is fully proved on record. The appeal, therefore, being devoid of merit deserves to be dismissed.
Accordingly, the appeal is dismissed.
Order Date :- 12.4.2022
Amit/-
