JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 6-3-2002 passed by the learned Additional Sessions Judge, Gohad, Distt. Bhind, in Sessions Trial No. 243/98 convicting the appellant under Section 307 of I.P.C. and thereby sentencing him to suffer seven years rigorous imprisonment with a fine of Rs. 1,000/- and in default, further S. I. of three months, this appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of the prosecution is that on 15-5-1997 Ravindra Kumar (hereinafter referred to as the injured) along with his brother Satish, Ramswaroop Sharma came in injured condition in the police station along with broken licencee mouser gun of Krishna Murari and lodged a report that today in the morning at 10 he was in his field. A canal was dug by the appellant in his field, as a result of which, his brother Satish, Ramswaroop and son Sunil told the appellant and his family members that why they have dug the canal in the field of the injured. On this point, altercation took place between them and it is said that appellant Jagdish carrying licenced mouser gun of his father, Sunil carrying gun of his father Ramkumar, Dinesh having mouser (Katta), Krishna Murari and Ramkumar having lathi with them came and rushed to beat them. In between, the appellant with intention to kill the injured, his son Sunil, brother Satish and Ramswaroop caused two gunshots fire by the mouser gun, Fortunately, they were hair escaped, but later on fhirdfire was also made by the appellant which hit at the right thigh of the injured. According to the prosecution, Rakesh s/o. Nandlal and Girish s/o. Jagdamba, who were in the Khalihan (granary), not only witnessed the incident, but they also intervened and saved the injured. It is also said that Ramswaroop, who is younger brother of the injured, caught hold the appellant and they also scuffled, as a result of which, the mouser gun which the appellant was carrying had broken. The injured by carrying broken mouser gun came to lodge the report.

(3.) On lodging of the first information report, a case under Sections 307, 147, 148, 149 of I. P. C. as well under Section 29/30 of the Arms Act was registered against the appellant and the injured Ravindra was sent for his MLC report and treatment.