GIYAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal from Jail. The appellant stands convicted under Sections 353 and 324 I.P.C. and sentenced to undergo three months R.I. on each count. He has also been fined Rs. 400/- on each count and in default of payment of fine, sentenced to undergo a months imprisonment (Its nature not specified). The sentences have been directed to run consecutively. Out of the amount of fine Rs. 250/- has been ordered to be paid to the injured constable Ram Rakhan.

(2.) Prosecution case, in brief, was that on 21.2.1991 a police posse headed by an A.S.I. Bhagwansingh (P.W. 1) posted at police Station Sondwa, at the material time, had gone of village Bada Itara along with constables Ram Rakhan and Sudharsingh in connection with investigation of Crime No. 170/90 registered under Section 380 I.P.C. against the accused appellant who was a suspect in the said case. An entry was made in the General Diary of the police out post to this effect The A.S.I. was armed with Rifle and twenty rounds as per Ex. P-1.

(3.) It is further alleged that on the night of 21.2.1991 When P.W. 1 Bhagwansingh along with constables Ram Rakhan and Sudharsingh surrounded the hut of the accused, who challenged them by shouting from inside his house to keep away otherwise, he would shoot arrows at them. It is the prosecution case that so threatening the appellant came out and in fact two or three arrows were shot by him, out of which one hit Ramrakhan in his left thigh. It is further alleged that the appellant after shooting arrows made good his escape. A report Ex. P/2 Dehati Nalish was lodged by constable Ramrakhan at Police out post Jeeran, on the basis of which a case under Section 307, 353 I.P.C. was registered against the appellant and investigation proceeded. The accused was arrested. on 5.3.1991 vide arrest memo Ex. PIS. Injured Ramrakhan has sent for medicalexamination on the same night around 2.00 A.M. He was examined by Dr. Babar (P.W. 6), who gave his report Ex. P-S. After arrest of the accused appellant on 5-3-1991 as per arrest Memo Ex. P18 and an arrow was recovered at his instance vide Seizure Memo Ex. P-9 on completion or investigation the accused was charged with and tried for offences punishable under Sections 353 and 307 IPC The Trial court, however, found him guilty of the offences punishable under Sections 353 and 324 IPC. and sentenced him as noted above. Hence this appeal.