VIKRAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This criminal appeal has been filed under Sec. 374(2) of Cr.P.C., by the appellant - Vikram Singh S/o. Bane Singh, against the judgement dtd. 4/7/2000 passed in S.T. No.47/1999 by I Additional Sessions Judge, Ujjain (M.P.) whereby finding the appellant guilty, the learned Judge of the trial Court has convicted him as under:- <IMG>JUDGEMENT_89_LAWS(MPH)1_2025_1.jpg</IMG>

(3.) In brief, the facts of the case are that on 14/5/1998, at around 10 am in the morning when the complainant PW/3 Mohammad Sattar Qureshi, a resident of Gram Undasa, was sitting outside of his quarter, and his son Mohammad Anees, one Sultan, Kamleshwar and Peerulal of village were chatting, at that time, accused persons, namely, Babu Singh, Vikram Singh (the present appellant), and their uncle Ratan Singh, whose name was not known at that time, came and started abusing them, and when they were opposed, Babu Singh and Vikram Singh took out their country made pistols, whereas their uncle had a gun, and Vikram Singh fired a gunshot, which hit complainant Mohammad Sattar on his stomach, and he started bleeding. Thus, the FIR Ex.P/3 was lodged at around 10:30 AM in the morning alleging that there was a dispute going on between the parties regarding a tractor (which was purchased by the complainant Mohammad Sattar Qureshi on the guarantee of appellant).Injured Mohammad Sattar Qureshi was treated in the Hospital, and a bullet was also recovered from his stomach. The charge-sheet was filed, and subsequently, the learned Judge of the trial Court, after recording the evidence, convicted the appellant as aforesaid, and being aggrieved, the present appeal has been preferred.