RINKU SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against judgment dated 07.09.2010 passed in S.T. No.91/2009 by learned Additional Judge to the Court of Sixth Additional Sessions Judge (FTC), Bhind whereby appellant has been convicted for the offence punishable under Section 307 of IPC and sentenced to undergo R.I. for seven years with fine of Rs.1000/- and he has further been convicted for the offence punishable under Section 25-1(b)(a) of Arms Act and sentenced to undergo R.I. for one year and fine of Rs.1000/- has been imposed upon him.

(2.) THE brief facts of the case are that on 03.06.2008, complainant Dinesh Singh was sitting on the door of Jasawali temple, it is alleged that appellant came there and after abusing him fired on the complainant. THE second fire, fired by the appellant, the complainant sustained injury behind the left wrist. On report complainant, challan has been filed against the appellant. Learned trial Court after trial of the charges for the offence punishable under Section 307 and Section 25-1(a)(b) of Arms Act convicted the appellant as mentioned in paragraph 1 of the judgment.

(3.) LEARNED counsel for the appellant has submitted that poojari of temple Santosh Das (PW-1), Mahaveer Das (PW-2), other independent witness Latore (PW-3), Suresh (PW-5) and Jaipal Singh (PW-8) have turned hostile.