MOHD JAMIL Vs. STATE

JUDGEMENT

(1.) The appellant has preferred the instant appeal assailing the judgment dated 21st April, 2017 whereby he has been convicted for committing the offence punishable under Section 307 IPC and under Section 25 and 27 of Arms Act and order on sentence dated 25th April, 2017 whereby he has been sentenced as under:-

(2.) In brief the prosecution case is that the complainant Mohd.Raees was well known to the appellant Mohd.Jamil as both belong to Shikarpur, Distt.Bullandshehar, U.P. About 11/2 - 2 years prior to this occurrence dated 8th March, 2009, the appellant had requested the complainant to accompany him to the parental house of his wife At Khajuri Khas and to help him in bringing her back to the matrimonial home. The complainant accompanied the appellant to his 'Sasural' i.e. at his in-laws' house but his wife refused to return taking the plea that she had been divorced. The appellant by swearing in the name of Quran stated before Panchayat that he has not divorced her. The complainant made it clear to the appellant that he would not support him on this issue and at that time he was threatened by the appellant that he will see him later. Thereafter the appellant sold his properties i.e. house and shop in Delhi and settled at his native place in Shikarpur, Distt. Bullandshehar, U.P.

(3.) While narrating the incident dated 8th March, 2009 the complainant stated that on that date at about 7:00 pm the appellant came to his house and threatened to teach him a lesson for misguiding his wife and after taking out a country pistol (desi katta) from his jacket fired towards him. The complainant ducked and the bullet after touching his right ear, hit the wall. He raised noise/alarm and somebody informed the PCR. With the help of neighbours, he apprehended the appellant Mohd. Jamil along with his countrymade pistol and three live rounds were recovered from the pocket of his jacket. When the PCR vehicle arrived at the spot he with the help of public persons handed over the appellant Mohd.Jamil along with desi katta with three live rounds to the police.