STATE Vs. AKIL @ PAPPU

JUDGEMENT

(1.) Akil @ Pappu is convicted for the offence punishable under Section 326 IPC and Section 25 Arms Act and directed to undergo rigorous imprisonment for two and a half years with a fine of Rs. 3000/- and rigorous imprisonment for two years and a fine of Rs. 2000/- for offence punishable under Section 25 Arms Act vide the impugned judgment and order dated December 21, 2012. The State is aggrieved by the learned Trial Court convicting Akil for offence punishable under Section 326 IPC instead of Section 307 IPC.

(2.) The short issue which arises in the present appeal is whether the act of Akil constitutes an offence punishable under Section 326 IPC or Section 307 IPC.

(3.) Learned counsel for the Appellant-State submits that Akil caused an injury to Wasim by a gunshot fire which hit Wasim at the left side of his chest. Akil had come with a pre-meditated mind armed with a desi katta (pistol) and since the gunshot was fired with the intention to kill, learned Trial Court crossly erred in convicting him for offence punishable under Section 326 IPC instead of Section 307 IPC for which he was charged.