(1.) This Criminal Appeal under Section 374(2) of Cr.P.C. has been filed against the judgment and sentence dated 28-3-2007, passed by VIIth Additional Sessions Judge (Fast Track Court), Gohad, Distt. Bhind in Sessions Trial No.217/2005, by which the appellant no.1 Chatur Singh has been convicted under Section 302 of I.P.C. and under Section 25 (1-B)(a) read with Section 3 and Section 27 of Arms Act and has been sentenced to undergo the Life Imprisonment and a fine of Rs.100/-, rigorous imprisonment of 1 year and a fine of Rs.100/- with default imprisonment, and rigorous imprisonment of 1 year and a fine of Rs.100/- with default imprisonment, respectively. The appellant No.2 Sahab Singh has been convicted under Section 30 of Arms Act and has been sentenced to undergo the rigorous imprisonment of 6 months and fine of Rs.200/- with default imprisonment.
(2.) The necessary facts for the disposal of the present appeal in short are that on 22-8-2005 at about 10 A.M., the complainant Vijay Singh was putting loose earth on the platform situated in front of his house. His daughter-in-law was also standing there. A dispute with the appellant no.1 was already going on in the Court. At that time, the appellant no.1 came there and asked the complainant and Guddi bai, not to put loose earth and thereafter, went back to his house and came back along his 12 bore single barrel gun. When it was replied by the complainant Vijay Singh that he is putting the loose earth on his land, then the appellant no.1, with an intention to kill Guddi bai, fired two gun shots, causing injuries on her jaw and right hand. As a result of gun shot, the teeth and fingers of her hand got separated. The incident was seen by Veer Singh, Kalavati and several other persons. The Dehati Nalishi was lodged by the complainant Vijay Singh, on the spot itself. The F.I.R. was lodged. The injured Guddi bai was sent to Hospital and the plain and blood stained earth were seized from the spot. 2 fired cartridges of 12 bore were seized from the spot. The spot map was prepared on the information of the complainant Vijay Singh. The statements of Ramsumarani, Vijay Singh, Ramsewak, Veer Singh were recorded on the same day. The injured Guddi bai died on her way to the hospital. The postmortem of the dead body of the deceased Guddi bai was done. The appellant no.1 Chatur Singh was arrested. On his information, a 12 bore gun was seized along with one live cartridge and one fired cartridge. The seized gun was sent to F.S.L.Sagar. Sanction for prosecution was obtained from the District Magistrate and accordingly, the charge sheet was filed against the appellant no.1 for offence under Section 302 of I.P.C., Section 25 (1-B)(a) read with Section 3 and Section 27 of Arms Act, whereas appellant no.2 was charge sheeted for offence under Section 30 of Arms Act.
(3.) The Trial Court by order dated 20-12-2005 framed charges under Sections 307 of I.P.C. for making an attempt to kill the complainant Vijay Singh, under Section 302 of I.P.C. for killing Guddi Bai, Section 25 (1-B)(a) read with Section 3 of Arms Act and under Section 27 of Arms Act against the appellant no.1 Chatur Singh, where as, charge under Section 30 of Arms Act was framed against the appellant no.2 Sahab Singh.
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