RAVI @ RAVINDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 of CrPC against the judgment dated 30/12/2003 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Gwalior in Special Sessions Trial No.63/2002 by which the appellant has been convicted under Section 307 of IPC and sentenced to undergo rigorous imprisonment of seven years and fine of Rs.1,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that a FIR was lodged by the complainant Chote @ Purshottam on 17/04/2002, while he was admitted in the hospital, alleging that at about 09:30 in the night, he had gone to Mata Temple situated in the colony for offering prayer.

(3.) When he reached near the platform constructed outside the temple, the appellant and the co-accused Ballu Gurjar were standing there and, on noticing him, they scolded that the complainant is projecting himself as the boss of the colony and although he has already been beaten on number of occasions but still he has not improved his conduct and, therefore, now they will kill him. The appellant took out a country made pistol and, with an intention to kill him, fired at him causing injury on the left side of his abdomen. On hearing his shouts, the witnesses Pokhan, Poppy and Yogesh came there. The appellant and the co-accused, thinking that the complainant has expired, ran away. On the FIR of the complainant, the police registered the offence, prepared the spot map, the plain earth and the blood stained earth were seized from the spot.