PARASMANI KASHYAP Vs. STATE OF C.G.

JUDGEMENT

(1.) The applicants have been arrested on 13/09/2011 in connection with crime No. 98/11 registered by police station - Khamhariya, District - Durg for alleged commission of offence under Section 452, 294, 506(B), 323, 307/34 of IPC and 25, 27 of Arms Act. Case of the prosecution is that the applicants and other accused persons had a quarrel with the complainant and later on, they entered the house of the complainant and threatened to kidnap his son and after coming out of the house, they opened fire in air with the help of deshi katta kept with them.

(2.) Learned counsel for the applicants submits that there are no injuries on the person of the complainant or any other member of the family. He further submits that no weapon was recovered from the possession of the applicants. He further submits that the allegation of opening fire was in the open area and not in the house of the complainant. Lastly, it is submitted that the applicants are in jail since 13/9/2011 and charge sheet has already been filed.

(3.) On the other hand, learned State counsel submits that the applicants and other co-accused persons had quarrel with the complainant and entered the house of the complainant and threatened him that his son would be kidnapped and after coming out of the house, they also opened fire in the house.