ISHWAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant herein stands convicted under Section 307 of Indian Penal Code vide judgment passed by learned 2nd Additional Sessions Judge, Neemuch District Mandsaur in Sessions Trial No. 253/92.

(2.) (a). Prosecution's case, in brief, is that on 10-9-1992 at about 6.30 p.m. in village Bhavrasa when Laxman Singh (PW-7) was wrapping his Dhoti after attending the call of nature, appellant Ishwar Singh came there riding on a motorcycle along with two companions. He parked his motorcycle leaving its engine on and he took out a pistol and fired it on Laxman Singh (PW-7). Laxman Singh (PW-7) received the bullet injury on right side of the abdomen. No sooner he was hit by the pistol shot, he ran away from there. Appellant and his both companions chased him and they caught hold of him near the farm of Kishan Singh. Laxman Singh (PW-7) raised a cry when appellant again tried to fire pistol shot to him, but pistol did not fire. Then the appellant took out a knife and he struck Laxman Singh (PW-7) with knife. Laxman Singh (PW-7) was hit on his head and right hand with knife due to blows he sustained injuries. 2(b). On hearing cries of Laxman Singh (PW-7), Devram, Ganeshram and Ishwar Singh reached there, thereby appellant and his both companions fled away from there towards village Palsoda riding on the motorcycle. Thereafter Laxman Singh (PW-7) was taken to hospital where Dehati Nalishi (Ex. P/1) was made by him and a crime was registered at Police Station, Jiran District Mandsaur. Injured Laxman Singh (PW-7) was examined by Dr. Suresh Chandra Vyas (PW-3) and Dr. D. K. Bhatnagar (PW-2). After due investigation, charge-sheet was filed against the appellant.

(3.) In the trial Court, appellant abjured the guilt thereby he was tried for the commission of offence punishable under Section 307, I.P.C. After the trial, learned trial Court found him guilty of having committed the aforesaid offence and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. l.000/-. Hence, appellant has filed this appeal.