HIRA PEARELAL KIRAR Vs. STATE

JUDGEMENT

(1.) The appellant was tried under Section 307 of the Indian Penal Code by the learned Sessions Judge Guna. He has been convicted under Section 387 of the Code and sentenced to one year's rigorous imprisonment.

(2.) The case for the prosecution was that in a case under the Arms Act against the accused, Pancham Singh (P.W. 1) was a witness for the prosecution. In that case the accused was convicted. When he came back from the prison he went to Pancham Singh, who was working in his field and demanded Rs. 500/- from him. Pancham Singh expressed his inability to pay him that amount. Whereupon, the accused who was carrying a loaded gun in his hand fired at Pancham Singh, who cleverly enough lay flat at the right time and thus saved himself from the shot. Lallu Ram (P.W. 2) and Moti Lal (P.W. 3) came there. The accused tried to run, but was overtaken. He tried to reload the gun, but the same was not only snatched from him, but he was also given a beating with its butt end. The accused fell down and Moolchand (P.W. 4) and Soma (P.W. 5) also reached there. It was on these facts that the appellant was accused of having committed the offence of attempt to commit murder.

(3.) The learned Sessions Judge has disbelieved that part of the prosecution story in which it was said that the appellant fired a gun at Pancham Singh. He has, therefore, acquitted the accused of the offence under Section 307 Penal Code. But then he came to the conclusion that the accused committed the offence under Section 387 I. P. C, and convicted him of that offence.