MAAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 02.02.2013 & 06.02.2013 respectively wherein the appellant stood convicted for an the offence under Section 307/34 of the IPC as also for the offence under Section 27 of the Arms Act. He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.50,000/- and in default of payment of fine to undergo SI for one year for his conviction under Section 307 of the IPC; out of this total amount of Rs.50,000/- Rs.30,000/- had to be paid to the victim. For his conviction under Section 27 of the Arms Act, he had been sentenced to undergo RI for a period of three years and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo SI for six month. The sentences were to run concurrently. Benefit of Section 428 of the Cr.PC had been granted to the appellant.

(2.) The version of the prosecution was unfolded in the statement made by the complainant Bheem Singh. He was examined as PW-4. His version was that on 28.07.2010 at about 10:45 pm when he was coming home after getting his mobile phone recharged, he found that a crowd had gathered outside his house. His younger brother Ghanshyam (PW-5) was also present. On inquiry, he was told that the accused Maan Singh @ Pappy had come along with his two friends and had threatended Ghanshyam that since he had deposed against him in a previous case, he would be killed. Thereafter PW-4 & PW-5, while returning to their home, were again accosted by the appellant and his two friends. The appellant fired a gun shot upon them as a result of which PW-4 received an injury on his left shoulder. Efforts to apprehend the accused and his accomplices were fruitless. The appellant had also fired 3-4 gun shot in the area. He managed to escape.

(3.) PCR call was made. The injured was removed to the DDU hospital. His injuries were opined to be grievous.