VISHNU SWAROOP Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 03.03.2004 passed by Fourth Additional Sessions Judge (Fast Track Court) Dabra, District Gwalior in Sessions Trial No. 270/2003, whereby the appellant has been convicted for the offence punishable under Section 307 of IPC and sentenced to five years rigorous imprisonment with fine of Rs. 5,000/ and in default of payment of fine to suffer six months' simple imprisonment.

(2.) It is the admitted fact that the complainant Rajendra Pathak is the nephew of appellant/accused Vishnu Swaroop. The complainant is having a motor spare parts shop next to the shop of appellantVishnu Swaroop.

(3.) The prosecution case, in short, is that, on 23.06.2003 at about 5:25 pm, the complainant Rajendra Pathak and accused Vishnu Swaroop were sitting in front of their shops. At the same time, complainant's brotherinlaw Amrish Pandey came there and he started talking to the appellant. At that time, complainantRajendra Pathak was looking towards them, so the appellant told the complainant, why he is staring them, then the complainant said that he is looking them as to what is happening. On hearing this, the appellant took out a country made katta from his waist and fired on complainant causing injury on his left leg and left hand. Amrish Pandey tried to catch the accused, but he ran away. The complainant lodged the FIR at Police Station Bhitarwar, district Gwalior. After that, he was sent to Community Health Center Bhitarwar for medical examination, where xray was performed in which the radio opaque shadow and pellets were seen in both the thighs and left forearm respectively. After that he referred to JA, Hospital Gwalior where he was operated. SubInspector Amresh Bohare went to the spot and prepared a spot map (Exhibit P8). He took blood stain soil and plain soil from the spot with a recovery memo (Exhibit P9). He recorded the statements of the witnesses. The appellant was arrested on 27.06.2003 and a 303 bore country made katta (firearm) with live cartridges were recovered from the appellant on the basis of his information recorded under Section 27 of Evidence Act. The Forensic Science Laboratory has given a report relating to blood stains and a report was given relating to ballistic expert. After due investigation, chargesheet was filed before Additional Chief Judicial Magistrate, Bhitarwar, who committed the case to the Court of Session, Gwalior and ultimately it was transferred to the Additional Sessions Judge, Dabra district Gwalior.