V KAMA PAITE Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This Criminal Appeal has been brought from the impugned judgment dated 4.11.1992 passed by the Addl. Sessions Judge, Manipur West in Sessions Trial No. 75/90/34 of 90 by which the appellant was convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment of 7 (seven) years.

(2.) Unfurling the prosecution case, the facts, as stated in the F.I.R., are that one Rajen Singh, PW 7 lodged an F.I.R. with Yairipok Police Station alleging that on 5.10.85 at around 8.45 P.M. while he was having his dinner with one Modhu Singh PW 3 inside his room, the accused/' appellant came shouting that his salary of Rs.1250/- (Rupees one thousand two hundred fifty) which was put inside Ms trouser was lost. On being told to go omt of the room and to talk later saying that he might have misplaced the money, tke appellant shot his service Rifle hitting the right knee and right arm of PW 7, Mr. Modhu PW 3 also sustained bullet injuries around his knee joint by deliberate shot from the gun with the intention to kill them under such circumstances that if he, by that act, caused death, he would have been guilty of murder.

(3.) Pursuant to the FIR, a case was registered u/s 307/324 IPC and an investigation ensued. Police charge- sheeted the appellant under Section 30)7 IPC.