SATYENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been preferred against the judgment dated 16th September, 2003 in Special Case No. 121/01 passed by Shri J.M. Chaturvedi, Special Judge (Dacoit), Bhind convicting the appellant under Sections 394, 398 and 307/34 of IPC and Section 11/13 of the Madhya Pradesh Dakaiti Vyapharan Avam Prabhavit Kshctra Adhiniyam, 1981 (in short "the Adhiniyam of 1981") for theft of tractor No. M.P. 30-M/2072 of complainant Gajendra Singh (P.W. 1) for having armed with gun and injured him on his life by gun shot, sentencing him to imprisonment for seven years' R.I. and fine of Rs. 5,000/-, in default six months' R.I. respectively. However, no separate conviction and sentence is imposed under the MPDVPK Adhiniyam.

(2.) Facts in short, are that in the intervening night of 24-7-2001 at about 2.00 hrs. in Village Kishore Singh Ka Pura, Gajendra Singh (P.W. 1) awaken on hearing sound of tractor started by somebody. He came out of his room and saw one person driving the tractor and another was sitting over it for taking it away. While objecting, a gun shot was fired which hit on the left leg of Gajendra Singh (P.W. 1). He was sent for medical examination. Dr. A.K. Choudhary (P.W. 13) vide M.L.C. report (Exh. P-13) examined him.

(3.) On hearing the shriek of Gajendra Singh (P.W. 1), his father Narayan Singh (P.W. 6), his brother Rajesh Singh alias Brahma Prakash (P.W. 5), neighbours Shyamlal Singh (P.W. 2) and Tularam Singh (P.W. 7) also reached there. Tractor has been taken by miscreants towards Umri. Gajendra Singh (P.W. 1) was taken to Police Station, Umri (District Bhind): At about 3.00 hrs. in the midnight he lodged the FIR against two unknown persons. Police registered case at Crime No. 107/01 only under Sections 394 and 307/34 of IPC against the unknown persons. At the same time Prahlad Singh (P.W. 4), Rajesh Singh alias Brahma Prakash (P.W. 5) and Tularam (P.W. 7) went on a scooter to search the miscreants. They saw them but being afraid of gun they came back.