BIPIN BIHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and order of sentence dated 27-4-2004 passed by the learned IInd Additional Sessions Judge, Shahdol (Camp Beohari) in Sessions Trial No. 2/2003 whereby the appellant has been convicted under Section 307 of the Indian Penal Code (In short 'the IPC') and has been sentenced to suffer rigorous imprisonment for life and pay a fine Rs.5000/-, in default, to suffer simple imprisonment for two years. The trial Court further directed that the amount of fine to be paid to the complainant Mahabali as compensation under Section 357 of the Code of Criminal Procedure (for brevity 'the Code').

(2.) In brief the case of prosecution is that the complainant Mahabali on 18-11-2002 at 5 p.m. was grazing his ox in his field. His sister-in-law was cutting the crop. On hearing the scold of his Bhabhi, the complainant rushed towards her and found that the appellant had entered into an altercation with her. The complainant found that the appellant was carrying a gun and was restraining his Bhabhi to cut the crop. On seeing the complainant he (appellant) brandished the gun to appellant and gave threat of dire consequences, Despite the threat the complainant caught hold of the gun of appellant as a result of which he (appellant) hurled abuses and threatened to kill him. Thereafter the accused fired the gun and the bullet struck the right calf of the complainant, as a consequence of which the flesh of that region was ripped over. In spite of the aforesaid injury complainant continued to grapple with the appellant, as he wanted to load the gun again, but, he failed because complainant was grappling with him. At that juncture, Lav Kush, Ram Kripal and Motilal arrived at the spot. On seeing these persons the appellant fled and left the gun at the spot. The incident was witnessed by Bhabhi (sister-in-law) of complainant, name Jamuni Bai, who had testified that the appellant was making threatening utterances.

(3.) The incident was reported at the police station by the injured complainant, Mahabali. On the basis of FIR by the complainant, the criminal law was set in motion. The investigating agency sent the complainant for medical examination; recorded the statements of witnesses; prepared the spot map; seized necessary articles and after completing the investigation submitted the charge-sheet in competent Court from where it was received by the trial Court for trial.