NATHU Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against his conviction under section 307 of the Indian Penal Code and sentence of R.I. for five years and fine of Rs.2,000/-, in default of payment of fine to suffer additional R.I. for six months, passed by the learned Fourth Addl. Sessions Judge, Dhar in ST. No. 43/2004 by judgment dated 23.02.2008.

(2.) Briefly stated, the prosecution case as unfolded before the trial Court is that the complainant Mahesh (PW-2) had gone to his field situated in village Dol on 220.09.03 in the morning at 9.00 AM. Near the field of Mahesh some sheep were grazing. He told the owner of the sheep that he was also having sheep and he should take away his sheep . On this score, there was exchange of abuse between the appellant and the complainant Mahesh. The masters of the sheep were staying by the side of canal of Karan river, from where a man came there and fired a gun which hit below the right shoulder of the complainant and three pallets pierced. The incident was witnessed by Parmanand PW-4, Suresh (PW-3) and Mukesh PW-5). According to the prosecution story, the person who fired was wearing white Dhoti and Bandi. He was having fair complexion, stout and five and a half feet in height. The complainant went along with Hirdaram and Mukesh and lodged the report Ex.P/3-A of the incident on 20.09.003 at 2.30 PM. The distance of police station from the place of occurrence was 8 K.Ms. In the First Information Report the complainant also mentioned that he could be in a position to identify the accused. The complainant and other witnesses reached in the village and disclosed about the incident to Hirdsaram and Mahesh son of Hukumchand. The First In formation re;port was recorded by ASI Choudhary. Along with the appellant, Dhannabhai was also arrested. Injured Mahesh was sent for medical examination who was examined by PW-1 Dr Surekha Jain. His MLC report is Ex.P/1-A. Spot map Ex.P/8 was prepared by the Investigating Officer. After arrest of the accused persons, from the possession of appellant, one twelve bore gun and three used and one live cartridges together with licence were seized through seizure memo Ex.P/7. The seized artricles were sent for examination to the Forensic Science Laboratory, Sagar. After due investigation, accused persons were charge-sheeted for commission of offence punishable under section 307 of the Indian Penal Code and 25/27 of the Arms Act.

(3.) Accused persons denied the charges and pleaded innocence. According to them they were falsely implicated. In defence, they did not examine any witness.. Learned trial Court, after recording the statements of the prosecution witnesses and hearing both the parties, while acquitting co-accused Dhannabhai, convicted and sentenced the appellant as indicated herein-above.