SURESH Vs. STATE

JUDGEMENT

(1.) THE present appeal has been directed against the impugned judgment and order of sentence dated 17.8.2000 and 19.8.2000 whereby the appellant had been convicted under Sections 307 and 354 of the IPC as also under Section 27 of the Arms Act. He had been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.100/ - in default of payment of fine to undergo rigorous imprisonment for one month under Section 27 of the Arms Act; for the offence under Section 307 of the IPC he had been sentenced to undergo rigorous imprisonment for one year and to a fine of Rs.500/ - in default of payment of fine to undergo rigorous imprisonment for three months and for the offence under Section 354 IPC he had been sentenced to undergo rigorous imprisonment for six months. All the sentenced were to run concurrently.

(2.) THE FIR was registered on the statement of Budh Ram (PW -11). As per his version on the fateful day i.e. on 21.4.1989 at about 8.30 P.m. while his sister Geeta (PW -1) had gone to fetch water accused Suresh met her there; he caught hold of her, embraced her and tried to kiss her. PW -1 shouted. Their neighbour brother Mangey Ram (PW -2), Munni Lal (PW -3), Hakum Chand (PW -4) reached there. PW -11 was also present. Accused left the spot threatening the complainant party that he would return. After about 15 minutes i.e. at about 8.45 p.m. when all the aforenoted persons were standing outside the house of Khushi Ram the accused came to the spot armed with pistol and fired on the complainant party. The firing hit PW -11 on his right shoulder; he got injured. The injuries were grievous in nature. MLC of Budh Ram was prepared by Dr.P.K.Suneja (PW -17). It was proved as Ex.PW -13/A which was prepared by PW -17 whose signature and hand writing were identified by the Record Clerk PW -13. Dr.P.K.Suneja was also examined as PW -17. He deposed that oval shape wound of size 1 c.m. x 0.5 c.m. noted in the MLC Ex.PW -13/A was the result of a bullet injury. The accused was apprehended at the spot. Police was informed by PW -3. His personal search was taken by constable Bhim Sain (PW -10) and he was formally arrested. Constable Raj Pal (PW -14) was the Investigating Officer under the Arms Act. He seized the pistol from PW -3 which had been produced before him; it was found to be in a working order; it contained one live and one empty cartridge. Sketch of the pistol Ex.PW -2/A was prepared. The pistol and the cartridges were sealed in separate pullandas and taken into possession vide memo Ex.PW -2/B.

(3.) IN the statement of the accused recorded under Section 313 Cr.P.C. he pleaded innocence. His explanation was that injured Budh Ram used to deal in heroin and when this was objected to by the accused he was told by Budh Ram that he would be taught a lesson; PW -1 had deposed against him at the behest of Budh Ram.