PRAHLAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have preferred this appeal against the judgment dated 14/06/2010 passed in S.T. No. 79/2007 by Third Additional Sessions Judge, Bhind (M.P.) whereby appellants have been convicted for the offence punishable under Sections 148 and 307/149 of IPC and sentenced to undergo RI for one year each and RI for seven years with fine of Rs. 500/- each with default stipulation respectively.

(2.) THE brief facts of the case are that on 18/01/2007 at about 12.15 noon during construction of Kharanja (road) in the village Gaheli, District Bhind, some altercation took place between appellant Prahlad and complainant Vijayram on a dispute regarding demolition of one Chabutara in front of his father-in-law Mewaram's house. During altercation, complainant's brother Ashok came. In the meanwhile, it is alleged that appellant Prahlad fired a gunshot from his gun on Ashok. On report of the complainant, case was registered against the appellants and after filing of challan, learned trial Court after trial of the appellants for the offence punishable under Sections 148, 307 and in alternative 307/149 of IPC convicted the appellants by impugned judgment as stated in para 1 of the judgment.

(3.) LEARNED counsel for the appellants has further drawn attention of this Court towards the statement of this witness Ashok (PW/6) recorded under Section 161 of Cr.P.C. (Ex. D/1) in which he made allegations that he was injured by the fire of Prahlad. In cross-examination he also admitted that after Prahlad has fired on him, he became unconscious. But this witness has improved his statement before the Court by saying that all the accused persons have fired on him and tried to avoid to answer that he was injured by the fire of Prahlad.