STATE OF M.P. Vs. STATISH SHARMA

JUDGEMENT

(1.) This application for leave under Section 378(3) of Cr.P.C. has been filed being aggrieved by judgment dated 22.12.2018 passed by the Court of First Additional Sessions Judge, Ambah, District Morena, whereby respondents have been acquitted from the charge under Sections 294, 307/34 of IPC and Section 27(1) of the Arms Act.

(2.) It is submitted that acquittal recorded by the learned trial Court is contrary to the ocular and medical evidence which has come on record.

(3.) It is submitted that as per prosecution case, on 28.04.2010 complainant Shyam Sundar alongwith his father Kalicharan Sharma had lodged a report to the effect that at about 7 A.M. complainant had visited farm of Chottu situated at village Sajan Ka Pura, to pluck certain mangoes along with his father Kalicharan, uncle Ramsewak and brother when his paternal uncle (tau) Shriniwas, uncle Satish and his sons Jayaram and Vijayram came together accompanied with a 315 bore licenced gun and uncle Satish was armed with 12 bore gun started abusing them. Thereafter, when he asked them not to abuse him, when Shriniwas fired a gun shot from his 315 bore licenced gun causing injury in left leg close to the knee which started bleeding. Neta @ Mahesh caught hold of him then Jayaram and Vijayram started beating him with lathis. When Kalicharan, Chintu and Ramsewak reached there to save him, assailants ran away.