SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 22.12.1998 passed by learned Sessions Judge, Panna in Sessions Trial No. 80/1996 convicting the appellant under Section 25(1-B)(a) of the Arms Act, 1959 (in short "the Act") and thereby sentencing him to suffer imprisonment of 1 year's R. I. and further convicting him under Section 324 IPC and thereby sentencing him suffer R. I. of 1_1/2 years and fine of Rs. 500/-; in default of payment of fine additional R. I. of one month, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that as per the case of the prosecution appellant fired Katta (country made pistol) upon the injured Rajesh Kumar Bagri as a result of which he sustained injury of the gunshot fire. The FIR was lodged and the injured was sent to the hospital for obtaining his MLC report and as well as for his treatment. The case was registered under Section 307 IPC and also under Section 25(1-B)(a) of the Act.

(3.) After the investigation was over, a charge-sheet was submitted in the committal Court which committed the case to the Court of Session and from where it was received by the Trial Court for trial.