TAJ MOHAMMAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 15.10.2001 passed by the Third Additional Sessions Judge, Ambikapur district Surguja in S.T. No. 10/1996 convicting the accused/appellant under Section 353 IPC and sentencing him with fine of Rs. 2,000/- with default stipulation.

(2.) As per prosecution case, on 28.02.1995 when complainant R.K.S.Jaisindhu, (S.I.) had gone to the village for investigation of some offence and while he was recording the statements of some witnesses in the village, he heard the sound of gun fire. On being asked to the villagers as to who had shot the gun fire, it was informed that it is Taj Mohammed who is having the gun and he might have shot the same. On this information, complainant sent one of his subordinate to the house of appellant No.1 and called him to show his gun and the license. Appellant after showing the gun and license abused the complainant. Thereafter he pointed the gun towards the complainant saying that it is his property and he will do whatever he can. After a while, his son Mohammed Aneek also came there and attacked the complainant. Written complaint was filed by the complainant vide Ex.P-10 against the accused/appellants. After investigation, charge sheet was filed against them under Sections 186,294,506(B), 352 and 307/34 IPC.

(3.) In support of its case, prosecution has examined 12 witnesses. Statement of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.