GAJADHAR SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 27.3.1987 of the learned First Addl. Sessions Judge, Chhatarpur, passed in Sessions Trial No. 124 of 1986 by which the appellant has been convicted for an offence punishable U/s 302 of the IPC and sentenced to imprisonment for life.

(2.) PROSECUTION story in brief is that on 14.8.1986 at Rajnagar at about 7.00 a.m. complainant Om Prakash Soni and Suresh Soni were questioning Lalxmi Soni of village Maharajpur on the suspicion that he had committed the theft of money belonging to Munna Lal Soni, the brother -in -law of the complaint. Laxmi Soni had resented the interrogation and had started abusing the interrogators and just at this point of time, Neelkanth Soni came there and protested which led to some altercation. At this juncture, it is alleged, the accused came with his licensed gun and fired at the complainant but as complainant ducked down, the gun shot struck Neelkanth Soni on the left side of the abdomen. Neelkanth Soni was rushed to the Government Hospital, Rajnagar, where he was examined by Dr. Brij Mohan Chourasiya (PW -5).

(3.) THE accused abjured his guilt but on trial, the learned Additional Sessions Judge, found the accused guilty of an offence U/s 302 of the IPC and sentenced him to imprisonment for life. The accused, however acquitted of the charge U/s 307.