SHOBHA @ SHYAMLAL DHOBI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 30.11.2006 passed in Sessions Trial No.250/2005. The trial Court held the appellant guilty for commission of offence punishable under Sections 323 and 302 of Indian Penal Code and Sections 25 (1B) (a) and 27 (1) of Arms Act and awarded SI for three months, RI for life, RI for one year and RI for three years respectively alongwith fine amount.

(2.) Prosecution case in brief is that on 26.07.2005, appellant Shobha had made a demand of liquor from the deceased. The deceased refused the same and asked the appellant that why he had made demand of liquor. In that event, the appellant had fired a gun shot at the deceased. When the deceased tried to run away, the appellant fired another gun shot at him. Deceased fell down on the spot and died. The report of the incident was lodged at the police station. Police conducted investigation and filed chargesheet.

(3.) Learned Amicus Curiae for the appellant has contended that the trial Court has committed an error of law in holding the appellant guilty for commission of offence punishable under Sections 323 and 302 of IPC and Sections 25(1B)(a) and 27(1) of Arms Act. There was a sudden quarrel. The appellant could not be convicted for commission of offence punishable under Section 302 of IPC because the aforesaid offence is not made out against him.