RAVINDRA PRASAD VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) .The appellant has preferred this Appeal against his conviction under Section 307 of the Indian Penal Code and the sentence of 3 years' rigorous imprisonment awarded to him by the Judgment dated 27.01.1992 of the learned Additional Sessions Judge Manendragarh in Sessions Trial No. 330/1989.

(2.) THE accused was tried for the said offence for having intentionally caused injuries to Santu @ Surendra Singh on 4.09.1998 by firing a shot at him from a revolver in circumstances that if Santu had died, he would have been guilty of murder. The prosecution case, in brief, was that on the said date at about 9.45 p.m. the complainant Santu @ Surendra Singh was in the company of his friend Narad (PW 1) where they were joined by Subhash Chandra Khanna (PW 5). It is alleged that while Santu was sawing the leg of the 'PAN THELA' of the accused with a hand saw the accused saw him from the roof of his house and started abusing him. Complainant Santu along with Narad and Subhash Khanna then came near the house of the accused and asked the accused not to abuse and if he wanted to fight with them he should come down. It is alleged that just then the accused fired a shot from country made weapon causing injury near the neck of Santu. Santu started profusely bleeding and all of them then started running away but near Aruna Talkies, Santu fell down and he was then taken by Narad and Subhash to the police station Chirimiri where Narad lodged report Ex. P/1. Santu was immediately sent to the hospital for medical treatment. His injuries were examined by Dr. RR. Gajbhiye (PW 4) who gave his report Ex. P/5 -A According to PW 4 Dr. Gajbhiye there was a punctured wound 1/2" x 1/2" x 3/4" having dark contours over middle point of the neck between both clavicles just above the sternum with profuse bleeding.

(3.) THE accused pleaded not guilty to the charge under section 307. The learned Additional Sessions Judge on the basis of the evidence of the eye -witnesses the medical evidence and the other circumstances such as the recovery of the weapon from the accused found the accused guilty and convicted and sentenced him as stated above.