KISHORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the accused, being aggrieved by the judgment dated 07.06.1999 passed by Additional Sessions Judge, Lakhnadon, District Seoni in Sessions Trial No.13/1999, whereby he has been convicted under Section 307 of I.P.C. and Sections 25 (1) and 27 of Indian Arms Act and sentenced to undergo RI for seven years (for each offence) along with fine of Rs.5,000/-, Rs.1000-1000/- , respectively with default stipulations.

(2.) In brief, the prosecution story is that, on 02.10.1998 at about 03:00 pm complainant- Premlal was sitting in the house of Chandan Kotwar. He used to stop the persons, who were cutting the wood from the forest trees. Therefore, the appellant abused complainant- Premlal, when he objected to the same, appellant went away from the spot. On the same day, at about 04:00 pm, appellant again came with gun and stood in front of the house of Premlal and asked Premlal to come out from his house. He threatened to kill Premlal. When Premlal came out, the appellant targeted him. Thereafter, Premlal caught his gun with his right hand. In the meanwhile the appellant triggered the gun. Due to heat of barrel of the gun, right palm of Premlal got burnt. He had not received any gun shot injury, because of misfire. He lodged a report against the appellant at Police Station- Dhuma, District- Seoni.

(3.) After investigating of the case, charge-sheet was filed before the concerned Court. After conduct of trial, learned trial Court found the apellant guilty of committing offences punishable under Section 307 of I.P.C. and Sections 25 (1) and 27 of Indian Arms Act and sentenced him, as mentioned hereinabove.