STATE OF GUJARAT Vs. MAHENDRABHAI PREMABHAI PARMAR

JUDGEMENT

(1.) THESE appeals are filed against the judgment and order dated 15th February 2011 passed by the learned 3rd Additional Sessions Judge, Nadiad in Sessions Case No.127 of 2009, whereby the learned trial Court has convicted the respondent accused for the offence punishable under Section 307 of IPC and sentenced him to suffer Rigorous Imprisonment for 7 years. The accused is also convicted for the offence punishable under Sections 25(1)(A) and 27(1)(A) of the Arms Act and sentenced him to suffer Rigorous Imprisonment for 5 years for the offences punishable under Section 25(1)(A) of the Arms Act and Rigorous Imprisonment for 3 years for the offences punishable under Section 27(1)(A) of the Arms Act. All the aforesaid sentences were ordered to run concurrently. Against the aforesaid judgment, the convicted accused has preferred Criminal Appeal No.366 of 2011, whereas Criminal Appeal No.842 of 2011 is filed by the State for enhancement of the sentence.

(2.) THE prosecution case was that on 12.09.2009 at about 8:30 p.m. complainant heard noise of firing and thereafter within five minutes he saw light on the backside of his house. Somebody knocked the door. When he opened the door he found his soninlaw (the accused) in uniform. He was having rifle. The accused fired a shot from the said rifle. However, it did not hit the complainant because he bent down. The complainant immediately closed the backdoor of the house. Thereafter the accused came towards the front door of the house. The said door was closed. The accused fired on the door and therefore bullet came inside the house from the door and hit the daughter of the complainant viz. Kokilaben on her thigh and injured her. Kokilaben, therefore, became unconscious. Accused ran away from the spot. Complainant therefore called ambulance by making telephone call on 108 and also informed the police on telephone. The daughter of the complainant viz. injured Kokilaben was shifted to Krishna Hospital, Karamsad.

(3.) THEREAFTER , an FIR came to be lodged with regard to the aforesaid incident. The Investigating Officer carried out the investigation and filed the chargesheet against the accused. Case was committed to the learned Sessions Court.