SHANKAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dtd. 28/11/2001 passed by the learned 3rd Additional Session Judge (FTC) Raigarh in ST No.108/97, whereby the appellant has been convicted and sentenced as under:-

(2.) Brief facts of the case are that on 17/8/1996, when the complainant Udaybhan was sitting in his betel stall at 7 pm, at that time the appellant came with two other persons to get betel. The complainant supplied betel to them and thereafter the appellant fired a gun shot from a pistol on the complainant over a dispute relating to rent of the premises between them. The bullet crossed his chest and went out of his body, as a result of which he was injured severely having blood stained. Thereafter, he was admitted in hospital and FIR was lodged. After completion of investigation, charge sheet was filed against the accused. The charges were framed under Sec. 307 of IPC and Ss. 25 and 27 of the Arms Act against the appellant.

(3.) In order to prove the guilt of the accused/appellant, the prosecution examined as many as 15 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of CrPC, in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. The accused/appellant examined one witness in his defence and filed two documents (Ex-D/1 and D/2) in his defence.