RAMSINGH LAXMANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Ramsingh has been convicted under Section 307, indian Penal Code and sentenced to undergo five years' rigorous imprisonment, with a fine of Rs. 500/- or six months' rigorous imprisonment in default of payment of fine. He has also been convicted under Section 324, Indian Penal Code for causing injury to Devendrakumar, son of Ushadevi (P. W. 1) and sentenced to suffer rigorous imprisonment for one year on this count - the sentences, however, are directed to run concurrently, by the Addl. Sessions Judge, Ratlam, in Sessions trial No. 78 of 1983, vide judgment dated 23-8-1984.

(2.) PROSECUTION case was that on 13-4-1983, complainant Narendrakumar lodged an oral report at Police Out-post Sailana in district Ratlam, stating that a scuffle took place between the appellant and Dhulchand Rathod, both of whom are employees in the Primary Health Centre, as Ward-Boy, Dresser respectively, while complainant Narendrakumar was posted as a Doctor, who reported to the Civil surgeon of the District, requesting him to transfer both the Ward-Boy as well as the dresser. Narendrakumar was transferred from Ratlam and for want of accommodation was temporarily occupying a Ward for his residence. While he was relaxing on a cot in his room and his wife feeding her baby on another cot, the accused intruded with a muzzle-loading gun. It was around 8. 30 in the night. The accused fired a shot injuring Narendra's wife Ushadevi (P. W. I), on her left breast and Devendrakumar, the child also suffered injury on his left eye. By the time he got up, the accused made good his escape from the front door. He helped his wife and raised a hue and cry. Rajkumari, his mother, Shanti, his sister, came there.

(3.) ON the basis of this report a case under section 307, Indian Penal Code was registered against the accused, who on completion of investigation was charge-sheeted and tried for the said offence. He pleaded alibi and false implication in the case. Trial Court rejecting his plea, convicted and sentenced him, as already stated above. Hence this appeal.