RAM GULAM Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and Sri S.D. Yadav, learned AGA for the State.

(2.) THIS appeal under Section 374 Cr.P.C. has been filed by accused Ram Gulam s/o Munshi assailing the correctness of the judgment and order dated 20.11.1981 passed by the III Additional Sessions Judge, Etah in Sessions Trial No.14 of 1980 (State vs. Ram Gulam) convicting appellant under Section 324 IPC and sentencing him to undergo two years rigorous imprisonment and a fine of Rs.500/ - and in the event of default of payment of fine to undergo further rigorous imprisonment for six months and further convicting the appellant under Section 25 Arms Act and sentencing him to undergo for six months rigorous imprisonment. Both the sentences to run concurrently.

(3.) PROSECUTION story in brief is that on the morning of 5.5.1979 at about 6.30 a.m. Kishan Pal s/o informant Bhoj Raj was untying his bullock when the accused Ram Gulam armed with a country made pistol arrived and with an intention to kill Kishan Pal fired from a country made pistol resulting into injuries on his chest and head. On the alarm raised by the injured, Dataram, Surat Ram and Bhagwan Singh arrived at the spot and challenged the accused Ram Gulam and after a little chase they arrested him. Both the accused and the injured were taken to the police station where the report was lodged at 8.30 a.m. The accused and the pistol used in firing the shots were handed over to the police which made the necessary entries in the general diary. The investigation was carried out by Sub -Inspector Chheda Lal Saxena who submitted a charge sheet against the accused appellant under Section 307 IPC and Section 25 Arms Act.