GAJENDRA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 18/01/2018 passed in Sessions Trial No. 14/2017 by the Additional Sessions Judge, Katghora to the Court of Additional Sessions Judge, Katghora, District Korba (C.G.), whereby the Appellant has been convicted under Sections 307 and 451 of the IPC and Section 27 of the Arms Act and sentenced to undergo RI for 10 years with fine of Rs. 2000/-, RI for 2 years with fine of Rs. 1000/- and RI for 10 years with fine of Rs. 2000/-, respectively with default stipulations.

(2.) Facts of the case are that Injured B.K. Singh (not examined) was the supervisor of one private company. The Appellant was working as guard in the same company. Complainant Rajkumar Singh (PW1) was the cook of Injured B.K. Singh (henceforth the Injured ). On 20/10/2016 at about 4:00 pm, Rajkumar (PW1) was cooking food in the barrack of the Injured. At that time, the Appellant came there. According to the prosecution, a talk was going on between the Injured and the Appellant regarding marriage of daughter of the Appellant and son of the Injured, and when the Injured refused for marriage, then the Appellant fired a gunshop on him and fled away from the spot. The Injured was taken to the hospital and was medically examined by Dr. Satdal Nath (PW8) who found two injuries on his body. First one was lacerated wound size 10X12 cms on right hip and second one was fracture of right hip. During course of treatment right hip of the Injured was operated and 15 Charre of one bullet were removed. His report is Ex.P-15. During course of investigation, one 12 bore gun and four numbers of bullets were seized from the Appellant vide Ex.P-3. One cartrige of bullet was also seized vide Ex.P-7. Later on, statement of the Injured and other witnesses were recorded under Section 161 of the Cr.P.C. After completion of investigation, a charge-sheet was filed. Trial court framed the charges. To prove the guilt of the Appellant, the prosecution has examined as many as 9 witnesses. Statement of the Appellant under Section 313 of the Cr.P.C has been recorded wherein he has pleaded his innocence and false implication in the matter. No defence witness has been examined.

(3.) After trial, the trial Court has acquitted the Appellant from the charge framed under Section 25 of the Arms Act, however, he has been convicted and sentenced as mentioned in paragraph one of this judgment. Hence, this appeal.