MANISH KEM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal under Section 374(2) of Cr.P.C. against the judgment dated 9/5/2008 passed in S.T. No. 166/2007 by VI Additional Sessions Judge, Gwalior whereby appellant has been convicted for the offence punishable under Sections 336 and 427 of IPC and sentenced to undergo RI for one month with fine of Rs. 1,000/- and RI for one year with fine of Rs. 5,000/- respectively.

(2.) THE brief facts of the case are that on 29/11/2006 at about 11.35 while complainant Meera Bhadoria was not at her house at Janakpuri, Gwalior, appellant Manish came and destroyed some house hold articles. On receiving the report from the neighbour, complainant went to her house in the morning and saw that glass of window was broken and sign of gunshots were found in side the house and some of the household articles were also found in burned condition. Appellant was seen by the witnesses at the time of incident with gun. On report of complainant, after investigation, challan has been filed against the appellant and after the trial of the appellant for the offence punishable under Sections 307, 336 and 427 of IPC, learned trial Court acquitted the appellant from the charge of offence punishable under Section 307 of IPC but convicted and sentenced him as stated in para one of this judgment.

(3.) UDHAM Singh Kushwaha (PW/7) in his statement has stated that he has seen the appellant firing on the house of Rajendra Singh. He has further stated that he has seen Manish entering in the house of Meera Bhadoria after breaking the lock of the house and thereafter he has seen flames when Manish has fired on the house after coming out of the house. But statement of this witness is not supported by any other witnesses. Further no broken lock has been seized from the house in which allegedly fire took place. No bullet has been seized from the house of complainant. It is apparent from the statement of witnesses that they are having enmity with the appellant who according to them used to threaten them. There is no evidence that household articles of Vimla Dubey were burnt due to fire made from gun. UDHAM Singh (PW/7) has stated that he has seen the appellant breaking the lock of the house of Meera Bhadora and seen him entering the house and thereafter seen light of fire from inside the house but in cross-examination, he has admitted that he has not seen man getting down from car with right and making firing on the house of Meera Bhadoria.