JAI PRAKASH TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal arises from the judgment dtd. 26/5/2017 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 1870/2005. The High Court dismissed the appellant's appeal against judgment dtd. 18/8/2005 passed by the First Additional Sessions Judge, Sidhi in Sessions Trial No. 119/2003, confirming his conviction under Sec. 307 of the Indian Penal Code, 1860 ('IPC') and Ss. 25 and 27 of the Arms Act, 1959 ('Arms Act').

(2.) The appellant was sentenced to undergo three years of rigorous imprisonment with fine of Rs.500.00 under Sec. 307 IPC. He was further sentenced to undergo three years of rigorous imprisonment with fine of Rs.1,000.00 under Sec. 27 of the Arms Act and one year of rigorous imprisonment with fine of Rs.500.00 under Sec. 25 of the Arms Act. Appellant has undergone approximately 1 year, 7 months of his sentence and was released on bail by this Court during the pendency of the present appeal.

(3.) The factual matrix as per the prosecution is that, on 14/2/2003 at about 10:30 p.m., the appellant and coaccused went to the complainant's house and called him outside. When the complainant came out, the appellant fired at him with a country-made pistol. The complainant (PW2) is stated to have run into the house and escaped injury while the appellant and co-accused fled from the spot on their motorcycle. The complainant's mother (PW3) was allegedly present in the house at the time of the incident and the complainant's neighbours (PW1, PW10, PW11) arrived upon hearing the sound of gunfire. The firearm used in the alleged incident is stated to have been recovered from the appellant, along with an empty cartridge.