LAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN Sessions Trial No. 272/2000 vide judgment dated 25th August, 2003 appellant No. 1 has been convicted under Section 307, IPC and sentenced to 10 years R. I. and fine of Rs. 20,000/and appellant No. 2 has also been convicted under Section 307/34, IPC and sentenced to 10 years R. I. with fine of Rs. 5,000/ -. Being aggrieved by the said judgment of conviction and sentence the appellants have filed this appeal under Section 374 of the Code of Criminal Procedure.

(2.) PROSECUTION case as narrated in the F. I. R. is that in the night of 18-3-2000 complainant Chhotelal was sleeping in the Chapara out of his house and his brother's son was also sleeping nearby. While he was sleeping, he became aware that somebody has come; he saw that Lalsingh was having mouser gun and Guddu was with him. Lalsingh moved the mouser gun towards him and said that "you have not given evidence in our case, therefore, the accused persons could not be convicted, today we will not leave you alive". Complainant after seeing him wanted to run away but Lalsingh fired on his back and he fell down. After gun fire accused persons ran away. The family members of the complainant brought him to the Police Station for lodging the FIR. Injured Chhotelal lodged FIR at Police Station, Gohad. On his report crime was registered. Complainant was referred for medical examination. Accused Lalsingh himself went to the police station and said to the I. O. that he is being falsely implicated. He has not committed any crime and on the direction of the I. O. he deposited the gun at the police station. After investigation charge-sheet was filed, the matter was committed to the Sessions Judge and after examining the prosecution witness and also evidence of one defence witness the Trial Court found the appellants guilty and convicted and sentenced them as aforesaid. Against which the appellants have filed this appeal.

(3.) I have heard Shri J. P. Gupta, learned Senior Advocate for the appellant and Shri V. G. Khot, learned Public Persecutor, for the respondent-State.