JEETU Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANT Jeetu has filed this appeal under Section 374 Cr.P.C., 1973, against the judgment of conviction dated 24.4.2012, passed by 3rd Additional Sessions Judge, Indore in Sessions Trial No. 1249/09, whereby the learned trial Judge convicted the appellant for an offence punishable under Section 307 of the Indian Penal Code (for short "the IPC") and sentenced him to undergo 4 years' R.I. with fine of Rs.500/-. The appellant has further been convicted under Section 25(1-b) of the Arms Act, 1959 and sentenced to undergo 1 year's R.I. with fine of Rs.500/-. and for each default of payment of fine he is to undergo 1 month's further R.I.

(2.) BRIEF facts of the case are that on 17.9.2009 at 9.15 PM in the night complainant Siddharth along with his brother Jitendra had gone to 'Gayatri' temple situated at Talawali Chanda, at that time, he received a phone call from his mother that appellant Jeetu along with co-accused Santosh came to their house and was abusing by using filthy language. On receiving the message from his mother the victim and Jitendra started going to their house from 'Gayatri' temple and when they reached Prakash Pump, Ravidas Nagar, Jeetu and Santosh along with other accomplished met them. Jeetu and Santosh were armed with country made pistol, whereas other persons were armed with lathi. They all obstructed him and started abusing them. When victim Siddearth asked him not to abuse them, appellant Jeetu, who was armed with country made pistol, started firing at him and caused 2 gun shot injuries. At that time the brother of the victim tried to rescue, he too was beaten by lathi and as a result he also sustained injuries on his back and left hand. The incident was seen by Ghanshyam Parmar and Madan. The matter was reported at Lasudiya Police Station, Indore by victim Siddharth vide Ex.P/1. The injured were sent for medical examination. Ex.P/ 15 & P/16 are their MLC reports.

(3.) ON the other hand, learned Dy. Government Advocate drew my attention to the statement of Dr. Sapna Shukla (PW17), who had operated victim Siddharth. In her court statement she has very categorically stated that on 18.9.2009 the injured was admitted at M.Y. Hospital, Indore. Ex.P/22 is an admission card. He was admitted by Dr. Subhash Minda. During treatment victim was operated and bullet was removed from his body. Injured was having one injury wound of 2.5 x 1 cm at his left hand above elbow. He also admitted that the operation was conducted with the guidance of Dr. Paramhans and Dr. Ankur Batra, Dr. Subhash Banda and herself was present when the injured was operated. His operation treatment sheets are Ex.P/23 to P/29. She was extensively cross examined by the appellant but nothing could be spell out from her. This witness in her cross examination very specifically stated that the injured sustained gun shot injury and by operation bullet was removed.