The prosecution case in brief is that on 31 -8-74 at 10-20 AM a case under Section 392 IPC was registered against Rana Sikh at police station Cantonment.The investigation was entrusted to S.I. Sagir Ahmed who started from police station Cantt at 10.45 AM along with S.I. Jahangir Khan and S. I. Lalman.When they reached outpost Chakeri they took Rameshwar Singh Head-Constable, Ram Gopal Head constable and some other police personnel.After visiting the place where offence under Section 392 IPC had taken place they received information that accused Ranveer alias Rana who was involved in the offence under Section 392 IPC was at the shop of Autar Singh near Khalsa Inter College.On this information the police party started for the shop of the Autar Singh and they took Satya Narain, Ganga Ram and Jugraj as Motbir witnesses.When the police party was 20-25 paces away from the shop of Autar Singh, the accused saw them and immediately whipped out his pistol and fired at the police party saying that if the police party comes near they would be killed.Saying so the accused ran towards Narendra ground by scaling over the wall jumped on the other side.The police party and others continued to chase the accused.On Narendra ground also the accused fired at the police party but nobody was hurt.The chase continued and the accused fired at the police party from time to time.When the accused and the police party were in the lanes of village Safipur, Head-Constable Ram Bahadur Singh thought that the accused has run out of ammunition and he came close to the accused who turned around and fired a shot at Ram Bahadur Singh Head-Constable.Ram Bahadur Singh, however, gave a Danda blow to the accused and sat on the ground pressing his injury by his both hands.At this stage Sri Sagir Ahmad S.I. fired at the accused but he missed his aim.The police continued to chase the accused but he was able to make good his escape.1) Punctured wound 1 cmx 1 cm circular with depth under observation on the right chest lower part at the level of the seventh rib in the line of the nipple 6 cm below the nipple.Margins inverted.Tatooing present around the wound.JUDGMENT O.P. Jain, J.Appellant Ranveer Singh alias Rana was convicted and sentenced under Section 307 and 332 IPC in S.T. No. 204/75 by Vlth Addl.Sessions Judge, Kanpur.A sentence of three years R.I. under Section 307 IPC and one year R.I. under Section 332 IPC has been awarded.The shot fired by the accused hit Head-Constable Ram Bahadur Singh on the chest.Head-Constable Ram Bahadur Singh was sent to the hospital through Sri Lallan Singh A.S.I, and Rameshwar Singh Head-Constable.A report of this incident was written by Sagir Ahmad S. I. and it was sent to police station Cantonment where a case was registered at 1.30 P.M. The firing incident took place at 12 noon.The injuries of Ram Bahadur Singh were medically examined by S. K. Khare P.W. 7 and the following injuries were found.2) Punctured wound 2.25 cm x .25 cm x depth under observation on the back right side in post auxiliary line at the level of the 7th rib.Margine averted.After completing usual investigation the Investigating Officer submitted the chargesheet against the accused.The accused was committed to the Court of Sessions.The prosecution examined eight witnesses before learned Sessions Judge.The first witness is Head-Constable Ram Bahadur who is the injured, P.W. 2 Jahangir Khan and P.W. 4 Sagir Ahmed S. I. are the members of the police party and are eye witnesses.P.W. 3 Ganga Ram is the member of the public who accompanied the police party and he is also an eye witness of the incident.Dr. S. K. Khare P.W. 7 has examined the injuries and Dr. H. N. Bahadur P.W. 5 has given the details of the treatments and has stated that on 1 -9-74 he stitched the entry and exit wounds of Ram Bahadur Singh.The last witness is P.W. 8 D. K. Gupta who is the Investigating Officer of the case.The plea taken by the accused is that he has been falsely implicated and that on the date of the incident he was at Allahabad where he surrendered on coming to know that he is wanted in this case.In order to prove his defence the accused has examined D.W. 1 Ajai Pal Singh.The most important witness in the case is naturally injured Ram Bahadur Singh P.W. 1 who has stated that they had gone in search of the accused because he was wanted in an earlier case under Section 392 IPC.An entry of their departure from police station Cantonment was made in the General Diary No. 29 Ex.It is further stated by Ram Bahadur Singh that he came to know that the accused was at the shop of Autar Singh and when they reached near that place the accused whipped out his revolver and fired at the police party but no one was hurt.Thereafter the accused started running and he scaled compound wall of Narendra ground.The police party continued to chase him till they reached village Safipur.In between the two places the accused continued to fire at the police party.Near the house of one Balwant Singh the police party thought that now there is no bullet in the revolver and therefore Ram Bahadur Singh went forward for apprehending the accused but the accused took a turn and fired at Ram Bahadur Singh causing injury on his chest.Ram Bahadur Singh gave a danda blow to the accused and sat down holding the injured part by his both hands.It is not necessary to repeat the statements of all the eye witnesses which are similar and it will be proper to come straight to the criticism levelled by the learned counsel for the appellant.At the time of the incident the police party had three Head-Constables and three constables beside the Sub-Inspector named above.The criticism levelled by the learned counsel for the accused about Ganga Ram is factually correct and it is true that Ganga Ram has admitted in his cross-examination that 20-25 cases were registered against him at police station Cantt and two cases were pending against him at the time he gave evidence in this case.This should, however, be kept in view that when a police party is going to arrest a desperate criminal, an ordinary law abiding person is not likely to accompany the police party and to put himself in danger.Therefore, the police has no option but to take the assistance of such persons who come forward to assist it.At that time the police could not have scrupulously examined the antecedent of the persons who were ready to assist the police party.

Cited provisions: Section 307 in The Indian Penal Code; Section 392 in The Indian Penal Code; Section 324 in The Indian Penal Code; Section 332 in The Indian Penal Code; Section 313 in The Indian Penal Code; Section 300 in The Indian Penal Code