SOMESH PAL Vs. STATE

JUDGEMENT

(1.) APPELLANT is aggrieved of the impugned judgment of 5th November 1998, vide which he has been held guilty for the offence of attempting to murder Jaiveer singh and for causing simple injury to Megh Raj and for using country made pistol in committing the aforesaid offences. Trial court vide impugned order of 7th November 1998, has sentenced the Appellant for the offence under Section 307 of Indian Penal Code to undergo rigorous imprisonment for five years with fine of Rs. 2,000/- and in default thereof, to undergo rigorous imprisonment for six months. He has been further sentenced to undergo rigorous imprisonment for six months for the offence under Section 323 of Indian Penal Code. Rigorous imprisonment of three years with fine of Rs. 5,000/- has been awarded to the appellant/accused for the offence under Section 27 of Arms Act, 1959 and in default of payment of fine, he has been directed to undergo rigorous imprisonment for six months. Aforesaid sentences have been ordered by the trial court to run concurrently and they are under challenged in this appeal by the appellant.

(2.) IN brief, the background facts appearing on record are as follows:-?on 10th June, 1996, at about 8. 30 PM Appellant/accused came to the house of Jaiveer Singh and threatened that he would shoot him by tomorrow evening. Again, on that day, at about 11. 15 PM, Appellant/accused knocked the door of the house of Jaiveer Singh, who opened it and came out and Appellant/accused caught hold of him by left arm and asked him as to why he had reported against him to the police and at that time, Appellant/accused was armed with a country made pistol and he declared that he would now shoot him. Thereafter, appellant/accused fired from his country made pistol at Jaiveer Singh, who ducked and on hearing the noise of fire, Megh Raj son of Jaiveer Singh came at the spot and tried to catch hold of the Appellant/accused, who resisted by giving a blow with the butt of the pistol on the head of Megh Raj and in the meanwhile, people of the mohalla gathered at the spot and the Appellant/accused was apprehended and was given beatings by the public persons, who had gathered there. This incident was reported to the police. Investigation commenced. Megh raj was got medically examined. Since Appellant/accused had also sustained injuries in the beatings by public persons, he was also got medically examined by the police. After completion of investigation, charge sheet was filed against the Appellant/accused for the offences under Section 307/323 of Indian Penal code and under Section 27 of Arms Act, 1959. ?

(3.) BEFORE the trial court, Appellant/accused did not plead guilty to the charges framed against him for the aforesaid offences and thus, he was put to trial. The evidence led against the Appellant/accused, mainly consisted of the testimony of first informant (PW-3) and of his son Megh Raj (PW-2), Dr. T. R. Ramtek (PW-7), who had deposed regarding the MLCs of injured Megh Raj and the appellant/accused. Asstt. Sub Inspector Raj Kumar, (PW-8) is the Investigating officer of this case.