DURGESH KUMAR GUPTA Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) Appellant Durgesh Kumar Gupta has challenged the impugned judgment and order dated 23.09.2005 rendered by the learned Additional Session Judge, Udham Singh Nagar in Sessions Trial No. 298/2004, wherein he was convicted for the offences under Section 452, 308 and 323 IPC. There was yet another Sessions Trial No. 299/2004 for the offence under Section 25 of the Arms Act and both the trials were proceeded clubbed in the Court below. He was found guilty for the offence under Section 25 of the Arms Act. He has appropriately been sentenced for all the offences by the learned Additional Sessions Judge.

(2.) The genesis of the prosecution story is that the appellant is ostensible owner of the rented house of Mr. Bablu, who is the tenant of the appellant. On 13.06.2004, at 11.45 P.M., Mr. Bablu, his mother, Jitender Kumar and Kesri Nandan (injured) were watching movie in the television. The appellant came there and hurled abuses in order to intimidate Mr. Bablu to evict his house. Appellant also questioned the presence of Mr. Kesri Nandan in the house and asked his identity. Mr. Kesri Nandan began to disclose his identity, but the appellant opened the fire upon him from the country made pistol. The fire hit on the left chest of Kesri Nandan, making him seriously injured. He was soon shifted to the local hospital for immediate treatment but since his condition was critical, so he was referred to the Government Hospital at Haldwani. The following injuries were found on the body of the victim:- lacerated wound 1.5 cm x 1.5 cm, round to oral shape, inverted margin made blackening around the wound at the level of between 11th and 12th rib, on left front of chest laterally omentum seen peeping out bleeding coming out.

(3.) He was advised X-Ray. In the opinion of Doctor, the injury was caused by the firearm.