GUHA RAM PORKIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) 17/04/2017 The present Revision petition is directed against the judgment and order dated 22.03.2005, passed by the II Additional Sessions Judge, Mahasamund, in Sessions Trial No.05/2005 acquitting respondent No.2 of the charges under Section 307 IPC and Section 25/27 of the Arms Act and respondent No.3 of the charge under Section 120-B read with section 307 IPC.

(2.) As per the prosecution case, in the night intervening 7-8/09/1994 at about 1.00 AM when complainant Guharam (PW/7) was sleeping in his bed room, he suffered gun shot injury on his back. Thereafter, he immediately called his family members and it was noticed that somebody had fired from outside the house resulting injury to Guharam (PW/7). On 08.09.2004, F.I.R. (Ex.P/1) was lodged by Guharam (PW/7) at about 9.30 am under Section 307 IPC against the unknown person. Injured Guharam (PW/7) was medically examined vide Ex.P/11 on 08.04.2004 and the injury report has been admitted by the defence counsel. On the memorandum (Ex.P/5) of accused/respondent No.2-Kartik, seizure was made under Ex.P/6 by which one country made pistol and one live bullet were seized. However, Chakradhar Choudhari (PW/8) and Lobhan (PW/9), witnesses to the memorandum of accused/respondent No.2-Kartik, have not supported the prosecution case and declared hostile.

(3.) After filing of the charge sheet, the trial Court has framed the charges against accused/respondent No.2-Kartik Ram under Section 307 IPC and Section 25/27 of the Arms Act, whereas against accused/respondent No.3-Ganesh Ram the charge was framed under Section 120-B read with section 307 IPC.