GIRJASHANKER YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 06-04-2000 passed by 7th Additional Sessions Judge, Raipur, M.P. (now C.G.), in Sessions Trial No.403/99 convicting the accused/appellant under Section 307 of the Indian Penal Code (in short ' the IPC) and under Section 25 of the Arms Act, 1959 and sentencinig him to undergo rigorous imprisonment for five years and three years in both the counts and to pay fine of Rs. 1000/- (for offence under Section 307 of the IPC), in default of payment of fine, to further undergo two months, additional R.I., with a direction to run the both sentences concurrently.

(2.) In the present case name of injured and victim is Goutam Chandravanshi (PW-3) aged about 25 years. It is alleged that on 24-07-1999 at about 6:00 p.m. near Baint Plywood factory at Siltara, Police Station Dharsiwa, accused/appellant assaulted Gautam Chandravansi with a country-made pistol attempting for taking his life and also the appellant was in illegal position without any valid license as required under Section 3 of the Arms Act injured him. On 24-07-1999 at about 7:30 p.m., the First Information Report (FIR) was lodged vide Ex.-P/6 by Gautam Chandravanshi which was registered as crime No.105/99 under Section 307 of the IPC against the appellant in which the lodger of FIR stated that about one month before his marriage was solemnized with Bharti Parghaniya. Before his marriage, the appellant came to him and told that he is in love with Bharti Parghaniya, do not marry her, the injured/victim (Gautam Chandravanshi) had not taken care thereof and asked him to leave him. On the date of incident, at about 6:00 p.m. when Gautam Chandranvansi was returning to his Village Murethi after his job near Baint Plywood Factory, Siltara, the appellant met him and told him that he warned him not to marry with Bharti, even then he married to Bharti, now he would kill him. Thereafter, he opened a fire by a firearm and attempted for taking his life, the palettes (smithereens) of the cartridge hit his abdomen. Gautam Chandranvansi shouted, thereafter, Dhanesh Yadav (PW-15), Iqbal (PW-14), Yogendra Solanki (PW-5) and others reached the spot on account of fire and his call. The appellant ran from the spot, with the help of other villagers and two R.P.F. official the appellant was caught hold at village Sankara. Thereafter, Gautam Chandranvanshi along with Rajesh Pandey reached Police Station Dharsiwa and lodged the FIR which was registered. After the registration of the FIR, the victim was medically examined by Dr. S. B. Mangulker vide MLC report Ex.-P/SA. The doctor noticed in total 54 injuries including many small punctured wounds and many small abrasions, blood was oozing from the injuries at the outer wall of the abdomen, he has not noticed any injury in the internal part of the abdomen, multiple small iron-balls (smithereens, NjsZ) inserted in the wounds, the patient had removed some of them by his own hands and carried with him. The doctor opined that the injuries were fresh and caused by gunshot fire. The patient was referred for sonography and X-ray for further treatment and management.

(3.) After investigation, charge-sheet was filed under Sections 341, 307 of the IPC and 25, 27 of the Arms Act before Judicial Magistrate First Class, Raipur, who, in turn, committed the case to Court of Sessions, Raipur, the learned Additional Sessions Judge received the case on transfer and conducted the trial. The appellant was charged for the offence punishable under Sections 307 of the IPC and 25 of the Arms Act by the trial Judge on 12-11-1999.