UPAMA SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 31.8.2010 passed by the Additional Sessions Judge, Sehore in ST. No.153 of 2007 whereby, the appellant has been convicted of offence under Section 30 of the Arms Act with a fine of Rs.2000/ - and two months simple imprisonment in lieu of payment of fine.

(2.) The prosecution's case in short is that on 5.6.2007 at about 12.20 p.m the complainant Narayan Singh Mewara (PW2) had lodged an FIR at Police Station Bilkisgunj, District Sehore that at about about 9.00 a.m in the morning he along with his elder brother Ramsingh (PW3) and cousin Durga Prasad (PW5) went to his field at Village Bilkisganj, the complainant found a trench dug in his field and therefore, he and his companions started to fill up the trench. In the meantime, the accused Dr. Pramod Shrivastava, Padam Kumar Bhatt, Ajay Upadhyay and Pratap Singh Pawar reached there in the car and started quarreling. They were armed with a 315 bore gun of the appellant Upama Shrivastava. Padam Kumar Bhatt fired upon the complainant with that gun but, the complainant could save himself by bending down. Second fire was also done by the accused Pratap Singh by taking gun from Padam Kumar. Dr. Pramod Shrivastava had also fired with a hand made pistol. After lodging of the FIR no one was sent for medico legal examination since no one was injured. However, one 315 bore gun belonging to the appellant was recovered from the accused Dr. Pramod Shrivastava from his house. After due investigation a charge sheet was filed before the JMFC, Sehore who committed the case to the Court of Sessions and ultimately it was transferred to Additional Sessions Judge and Special Judge, Sehore.

(3.) The appellant abjured her guilt. She took a plea that at the time of incident she was present in the car and some one suddenly snatched her gun of 315 bore and fired by that gun twice. However, no defence evidence was adduced.