TOLARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant No.1-Tolaram has preferred this appeal under Section 374 of Criminal Procedure Code, 1973 against the judgment and conviction of sentence dated 11.04.1997 delivered in Sessions Trial No.278/95 passed by First Additional Sessions Judge, Dhar in which the appellant has been found guilty for committing offence under Section 307 of Indian Penal Code, 1860 (two counts) and Sections 25 and 27 of Arms Act, 1959 and has been sentenced with five years RI and fine of Rs.500/- on each count under Section 307 of IPC and to suffer three months of rigorous imprisonment in default of payment of fine, further sentence of three years of rigorous imprisonment has been imposed on appellant No.1-Tolaram for committing offence under Sections 25 and 27 of Arms Act, 1959.

(2.) The prosecution story in short is that on 27.02.1995 at around 12:00 pm while witnesses namely; Kailash, Nandlal, Munnalal and Shambhu were going to police station near village-Bidwal, the accused/appellant No.1-Tolaram fired on them from the gun. The pallets from the gun hit Kailash and Nandlal and both were injured. Another accused/appellant No.2-Bondar also threw stones on these persons causing them injuries. The accused fled away when the villagers arrived at the spot. Report was lodged by the complainant-Kailash at Police-Station-Canvan, District-Dhar. Investigation was initiated and charge-sheet was filed under relevant sections. The trial Court after appreciating the evidence had convicted the appellant No.1-Tolaram, as already described. Alongwith appellant No.1-Tolaram, another co-accused/appellant No.2- Bondar was also found guilty of committing offence under Section 323 IPC and was acquitted from other serious offences framed against him.

(3.) After hearing accused on the question of sentence, both the accused persons were sentenced. While the accused/appellant No.1-Tolaram was sentenced as already described, appellant No.2-Bondar was sentenced with six months rigorous imprisonment and fine of Rs.500/- (one and a half months additional imprisonment in default). Both the accused persons preferred this appeal against the judgment and conviction of sentence. During the course of appeal, pursuant to compromise, appellant No.2-Bondar was acquitted whereas the compromise application in respect of appellant No.1-Tolaram was rejected due to the fact that Sections 307 IPC was not compoundable offence.