PURUSHOTTAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30th October, 1990, passed by Sessions Judge, Bhind, whereby the appellant stands convicted under section 307 of the Indian Penal Code, and sentenced to rigorous imprisonment for three years.

(2.) THE charge found established against the appellant is that on 3rd November, 1988, in the fields of village Aklone, district Bhind, he attempted to kill Reepudamansingh and Rajbahadur by firing a shot with a 12 bore gun towards them. Instead of Reepudamansingh on whom, the shot was aimed, the pellets struck -Rajbahadur, on his scapular region as well as glutal region causing two injuries of 1/2 Cm. x 1/2 Cm. x skin deep. The quarrel arose out of a simple matter of putting of certain bags of grain by the accused on a meiud belonging to Reepudamansingh. Since Reepudamansingh objected to it, there was exchange of abuses between him and the accused, the accused brought out gun from his house and fired a shot towards Reepudamansingh resulting in the aforesaid consequences.

(3.) THE medical evidence is that the shot must have been fired from more than 12 feet away.