JAGDISH MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sri Jagadish Medhi stands convicted under S. 307, I. P. C. vide judgment and order dated 30-9-2004 passed by Smt. M. Choudhury, the then learned Additional Sessions Judge, Kamrup, Guwahati in Sessions Case No. 17 (K)/2000. By the impugned judgment the appellant has been sentenced to undergo R. I. for 5 (five) years and also to pay a fine of Rs. 1,000/-, in default sentenced for another 2 (two) months R. I. Simultaneously the appellant has also been convicted under S. 447, I. P. C. and further one month R. I. has been awarded.

(2.) Aggrieved with the conviction and sentence the accused has preferred this appeal. I have heard Mr. C. R. Dey, learned Sr. counsel for the appellant. I have also heard Mr. B.S. Sinha, learned Addl. P.P., Assam for the State. I have also gone through the impugned judgment and evidence of witnesses.

(3.) As could be gathered from the record the incident took place in the early morning of 18-1-1995. At the relevant time, the appellant was working as a constable in the Railway Protection Force (in short, RPF). The injured Borkat Ali's father Saukat Ali (PW 1) was also an employee of RPF. Both the appellant and the informant were living in official quarters which were situated at Maligaon, Guwahati. It is the prosecution case that in the early morning the appellant entered the compound of the injured in an angry mood and fired as many as three gunshots. One gunshot hit the chest of the injured causing physical injury. Consequently the injured had to take two weeks medical treatment.