MANOJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Manoj arid Bijendra Singh - two brothers have filed this; appeal against the judgment and order dated 11.12.2007 passed in Criminal Appeal No. 631/2000. by the High Court of Madhya Pradesh Bench at Gwalior whereby and whereunder the conviction of, Manoj-appellant No. 1 herein recorded by Special Judge (NDPS) and. Additio . 1 Sessions Judge, Gwalior in Sessions Trial No. 161/99 under Section 307 read with Section 34 of the Indian Penal Code [for short 'IPC'] has been altered to Section 324 IPC and sentenced to undergo rigorous imprisonment for 3 years, whereas conviction of Bijendra Singh-appellant No. 2 herein (as also accused No.2-Ram Avtar) from Section 307 read with Section 34 IPC has been convened to Section 324 read with Section 34 [PC. Appellant No. 2. is sentenced to undergo rigorous imprisonment for 3 years, whereas Ram Avatar has been ordered to undergo rigorous imprisonment for one year. The conviction of appellant No. 1 under Section 25 (1 B) (a) read with Section 3 of the Arms Act has been set aside.

(3.) Briefly stated, the facts of the prosecution case are that on 23.01.1999 at about 10:00 a.m. complainant Bahadur Singh (P.W. 4) along with Rakesh (P.W. 2) and Ram Varan Singh (P.W. 9) (both hostile witnesses) was excavating sand on the bank of river Devipura near village Duhia Chak. Appellant No. 2 aimed with 12 bore gun, his brother Appellant No. 1 armed with katta (country made firearm) and Ram Avatar- accused holding pharsa in his hand came to the spot and started abusing the complainant (P.W. 4). P.W. 4 told them that he was extracting sand from government land. It was alleged that Ram Avatar- accused gave pharsa blow which caused injury to the calf-ankle of complainant's left leg, back and knee. Appellant No. 2 fired gun shot which hit on the wrist of right hand of the complainant whereas Appellant No. 1 fired pellets from katta which hit the head and forehead of . Bahadur Singh, who as a result of receiving the injuries fell on the ground. All the three accused persons thereafter ran away from the scene of occurrence.