JOGINDER @ MALOHRI & ANR. Vs. STATE

JUDGEMENT

(1.) THE appellants Joginder @ Malohri and Manish Kumar have impugned the judgment dated 14.07.2010 and order on sentence dated 16.07.2010 vide which they were convicted for the offence punishable under Section 307/34 IPC for attempt to commit murder of PW -6 Ashok Kumar and sentenced to undergo RI for five years with fine of Rs. 2,000/ - each. The appellant Manish was also convicted and sentenced under Section 25 Arms Act to undergo SI for one year with fine of Rs. 500/ - and further under Section 27 Arms Act to undergo SI for three years with fine of Rs. 500/ - for being in illegal possession of Katta and using the same at the time of incident. The prosecution examined 14 witnesses to prove its case. Both the appellants who are real brothers also examined four witnesses in their defence.

(2.) AFTER considering the evidence adduced by the prosecution and believing the testimony of the complainant PW -5 Satish Kumar and injured PW -6 Ashok, learned ASJ convicted and sentenced both the appellants in the manner referred to above.

(3.) IT has been urged that though the MLC is not proved but the MLC placed on record reveals that the injuries have been opined to be simple in nature with no evidence to prove that they have been caused by any pallet or bullet of any fire arm. Even the katta Ex.P1 stated to have been recovered from accused/appellant Manish after one month of the occurrence in another case FIR No. 849/2006, could not be connected with this occurrence.