JUDGEMENT
Khanna, J. -
(1.)Malkhan Singh (18) and Munshi Lal (22) were convicted by learned Additional Sessions Judge Aligarh for an offense under Section 307 read with Section 34 Indian Penal Code and were sentenced each to undergo rigorous imprisonment for a period of seven years. On appeal the Allahabad High Court altered the conviction of the two accused to that under Section 324 read with Section 34 Indian Penal Code and reduced to the sentence to rigorous imprisonment for a period of two years. The two accused have now approached this Court in appeal by special leave.
(2.)The prosecution case is that on January 26, 1967 at about 7 p.m. PW Jai Narain Sharma, an employee in the Sales Tax Office Hathras was going on cycle from Sasni to his village Birra. It was a night of full moon. Near a place called Quila, shots were fired from behind Jai Narain in his back. Jai Narain looked back and he saw the two accused coming on a cycle. Malkhan Singh was on the saddle of the cycle, while Munshi Lal was sitting behind. Munshi Lal was holding a pistol at that time. The two accused then went ahead of Jai Narain. Jai Narain also followed them on his cycle. At a distance of about three or three and a half furlongs from the place of occurrence is a factory known as Shyam Glass Factory. Jai Narain raised alarm, whereupon the two accused leaving their cycle, went inside an arhar field. Persons present outside the factory including Radhey Shyam (PW 2), who had seen the accused in the electric light, then went towards the field but did not go forward out of fear. The cycle left by the accused was taken into possession. Jai Narain was then taken to the Police Station Sasni where he made a report regarding the incident. Jai Narain was examined by Dr. Ishwar Chandra Bhuttan, the same evening at 8 p.m. The doctor found multiple gunshot wounds each 1/8" x 1/8" on the lower part of the back of Jai Narain in an area of 5 1/2 " x 5". Some of the injuries were 1/8" deep. while others were superficial. The injuries were declared by the doctor to be simple in nature.
(3.)The two accused surrendered on July 7, 1967. An identification parade of the two accused was held by Shri Bindraban Sub Divisional Magistrate on July 29, 1967. The two accused were correctly identified by Jai Narain and Radhey Shyam PWs at the identification parade.
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