GINNI RAJA ALIAS VISHWAMITRA Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Appeal under section 374 of CrPC, 1973 has been filed against the judgment and sentence dated 08/01/2005 passed by ASJ, Pichhore, District Shivpuri in Sessions Trial No. 30/2004, by which the appellant has been convicted under Section 307 of IPC and has been sentenced to undergo the rigorous imprisonment of ten years and fine of Rs. 5,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that on 27/10/2003 at about 07:35 pm, the injured Saket alias India Jain was sitting in his shop. His uncle Narendra Kumar Jain was also sitting in the shop. At that time, appellant Ginni Raja came to the shop and demanded Rs. 1,000/-. When the victim Saket alias India Jain refused to give the amount, the appellant started abusing him and challenged that the victim will have to give the amount and fired a gunshot on the victim by means of countrymade pistol, causing injury on the right side of his chest, as a result of which the victim fell down on the spot and the appellant ran away. The uncle of the victim, Narendra Jain immediately took the victim in an injured condition to the police station, where Narendra Jain, the uncle of the victim lodged the FIR and accordingly, Crime No.136/2003 for an offence under Section 307 of IPC was registered. The injured was got medically examined and thereafter, he was referred to the District Hospital, Shivpuri from where he was referred to JA Hospital, Gwalior and by operation, fired bullet was taken out. During investigation, the statements of the witnesses were recorded. Spot map was prepared. Blood lying on the spot was seized. The appellant was arrested. A country-made pistol was seized. For illegally possessing the country-made pistol, an offence under Sections 25/27 of Arms Act was registered separately. The seized country-made pistol, the fired bullet which was taken out from the body of the complainant, the blood-stained earth seized from the spot, the blood recovered from the spot as well as the clothes of the complainant were sent for FSL Sagar from where the FSL reports Ex.P11 and Ex.P12 were received. After completion of investigation, the charge sheet was filed by the police. The trial Court framed the charge under Section 307 of IPC.

(3.) The appellant abjured his guilt and pleaded not guilty. It was his defence that at the time of incident he was in village Rannod and he has been falsely implicated in the case.