ASHOK @ SONNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 23.07.2012 passed by the learned Additional Sessions Judge, Amarpatan District Satna in ST. No. 224/2010 whereby the appellant was convicted for the offence punishable under Section 307 of I.P.C and sentenced for five years rigorous imprisonment and fine of Rs.1000.00 and in default of payment of fine six months rigorous imprisonment was also directed.

(2.) THE prosecution case in short is that on 04-09-11, at about 00:45 A.M in the morning, the Shri Himmat Singh Parihar, SHO Police Station Amarpatan went to village Lalpur in search of one accused Sonna (the appellant). When a raid took place, the appellant assaulted the police force by firing from a gun. No injury was sustained to any police officer. Shri Himmat Singh Parihar did one fire from his revolver in right of private defence, then the appellant ran away but thereafter, he was caught red handed. FIR was written by the SHO, Himmat Singh Parihar and a case was registered. After due investigation, a charge-sheet was filed before the J.M.F.C, Amarpatan Satna who committed the case to the Sessions Judge, Satna and ultimately it was transferred to the learned Additional Sessions Judge, Amarpatan, Satna.

(3.) THE learned Additional Sessions Judge after considering the prosecution evidence convicted the appellant for the offence punishable under Section 307 of IPC and sentenced as mentioned above.