SURYAKANT BABURAO @ RAMRAO PHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment dated 12.07.2018 passed by the High Court of Judicature of Bombay at Aurangabad in Criminal Appeal No.11 of 2016 in and by which the High Court affirmed the conviction of respondent No.2- accused No.1 under Section 307 IPC read with Section 34 IPC and reduced the sentence of imprisonment imposed upon him from seven years to five years and imposed fine amount of Reason:

(3.) The appellant-Complainant has filed this appeal challenging the reduction of sentence of imprisonment of respondent Nos.2 to 4. Case of prosecution is that on 24.01.2012 at about 05.30 PM, when Chandrakant (PW-6) was proceeding towards his land via Pangaon 'T ' point, respondent No.2-Devraj (A1) who along with respondent No.3-Ashish (A2) and respondent No.4-Balaji (A3) was standing near the mobile shop of one Prahlad Joshi, asked PW-6-Chandrakant why he obstructed respondent No.4-Balaji (A3) from spreading the rubble in his field and there was some exchange of words between them. In this quarrel, Devraj (A1) took out pistol from his waist and fired one shot at PW-6-Chandrakant on his chest. Hearing the sound, Suryakant (PW-7), Shivaji (PW-5) and others rushed to the spot. Accused Nos.2 and 3 were alleged to be holding stick and stone respectively in their hands. When Suryakant (PW-7) tried to intervene, accused No.1 fired a bullet from his pistol which hit on the left knee of PW-7. When Shivaji Phad (PW-5) tried to intervene, accused persons beat him with fists and kicked and also inflicted a knife blow on him causing him grievous hurt and then accused fled away. Injured PW-6 and PW-7 were taken to hospital and were given treatment. Suryakant (PW-7) lodged the complaint based on which FIR was registered under Section 307 read with Section 34 IPC, Sections 323 and 506 IPC. On completion of investigation, charge sheet was filed against the accused under Sections 307, 323 and 506 read with Section 34 IPC and under Section 4 read with Section 25 of the Arms Act. Later, charge under Section 4 read with Section 25 of the Arms Act was altered to Section 3 read with Section 25 of the Arms Act.