BIPIN BIHARI Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Jabalpur Bench confirming the conviction of the appellant in terms of Section 307 of the Indian Penal Code, 1860 (in short the IPC) as done by the trial Court. However, the custodial sentence of imprisonment for life imposed was reduced, quantum of fine was increased from Rs. 5,000/- to Rs. 30,000/- and in default sentence was stipulated. The custodial sentence of two years was imposed. It was held that in case the fine is not paid within four months, the accused shall undergo further rigorous imprisonment for four years. The fine amount on deposit was to be paid as compensation to the victim.

(3.) The factual background in a nutshell is as under: Complainant Mahabali on 18.11.2002 at about 5.00 p.m. was grazing his ox in his field. His sister-in-law Jamuni Bai was cutting the crop. On hearing her cry for help, the complainant rushed towards her and found that the appellant had entered into an altercation with her. He found that the appellant was carrying a gun and was restraining his sister-in-law from cutting the crop. On seeing the complainant, appellant brandished the gun and gave threat of dire consequences. Despite the threat, the complainant caught hold of the gun of appellant as a result of which appellant hurled abuses and threatened to kill him. Thereafter the accused fired the gun and the bullet struck the right calf of the complainant, as a consequence of which the flesh of that region was ripped open. In spite of the aforesaid injury complainant continued to grapple with the appellant, as he wanted to load the gun again. But he failed because complainant was grappling with him. At that juncture, Lav Kush, Ram Kripal and Motilal arrived at the spot. On seeing these persons, the appellant fled away and left the gun at the spot. The incident was witnessed by sister-in-law of complainant, who had testified that the appellant was making threatening utterances.