UMA CHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 3.12.1997 passed by the 4 th Additional Sessions Judge, Chhatarpur in S.T.No.17/1996, whereby the appellant has been convicted of offence under Section 307 of IPC, Sections 25 (1 -B) and 27 of Arms Act and sentenced to 5 years Rigorous Imprisonment with fine of Rs.1,000/ -, 1 year Rigorous Imprisonment with fine of Rs.500/ - and 3 years' Rigorous Imprisonment with fine of Rs.500/ - respectively. Default sentence in lieu of payment of fine was also imposed.

(2.) The facts of the case, in short, are that, on 11.2.1995, Head Constable Ram Babu Tiwari (P.W.5), Head Constable Raghunath (P.W.3) alongwith various constables were sent to the township of Maharajpur in search of culprits having illicit arms. At about 6.10 p.m., the aforesaid police officials reached in Tigela Mohalla near bus stand then, where they saw the appellant coming from the side of Bariya through road of Galla Mandi. When the appellant saw the police party, he threw his bicycle on the road and picked up a hand made pistol from his pocket and fired upon the police party. Due to that firing Constable Mahaveer Singh (P.W.1) and Constable Narendra Nath (P.W.7) had sustained injuries. The appellant loaded the pistol again but, instead of making a second fire, he dropped the gun and ran away. The police party had picked up that hand made pistol, its barrel, one empty cartridge and bicycle left by the appellant and same were seized at Police Station Maharajpur. Case was registered and after due investigation, a charge -sheet was filed before the JMFC, Nowgaon, who committed the case to the Court of Sessions and ultimately, it was transferred to 4th Additional Sessions Judge, Chhatarpur.

(3.) The appellant abjured his guilt. He took a plea that he was falsely implicated in the matter. However, no defence evidence was adduced.