ASHOK Vs. STATE OF M P

JUDGEMENT

(1.) The appellant/Ashok has preferred the present appeal against the judgment and order dated 27.02.1997 passed in S.T. No.702/93 by 6th ASJ, Indore whereby the learned trial Court acquitted the co-accused persons Gangabai and Uday and convicted the present appellant for offence punishable under Section 307 of IPC and sentenced him to 7 years R.I. with fine of Rs.3,000/- and in default of payment of fine further to undergo 1 year S.I.

(2.) Facts of the case are that on 30.06.1993 at about 8:15 in the morning, the complainant Krishnabai went to the house of neighbour Udairam to exhort the accused Ashok about the quarrel between the children, but Ashok started abusing her. When Mohanlal (husband of Krishnabai) tried to persuade him, his mother Gangabai also got annoyed and started throwing brickbats. Both Udairam and Ashok abused them. Suddenly Ashok went inside the house, brought his father's gun and fired the same on Krishnabai stating that he will kill her today. Bullet hit on arm of Krishnabai. Shankarlal, Pappu Yadav, Vitthal Rao, Ganesh reached there. Uadiram took the gun from Ashok and fired again. Then the complainant Mohanlal and other persons ran away from the spot. Mohanlal took his wife Krishnabai to the hospital and also filed FIR.

(3.) According to Krishnabai, she runs a flour mill (Atta Chakki) adjacent to the house of the appellant, which was being managed and operated by her son Sanjay. On 30.06.1993, she asked her son to open the shop. He revealed that the accused/Ashok used to threaten and beat him. She then, went to the house of the accused/appellant to exhort him. Annoyed by this, the appellant started abusing her, produced a gun and fired a gun shot to kill her from inside the house through the window stating that he will kill her and finish the dispute forever. The bullet hit her right arm. Soon after the incident, her husband reached there and took her to the hospital.