SANT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is the judgment dated 22.11.2001 and order dated 23.11.2001 passed by Sh. G.S. Kotla, Additional Sessions Judge, Gurgaon, vide which the accused has been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) Briefly stated, the law was set in motion by recording the statement of Gordhan complainant, who has stated that on 7.8.1998 at about 8.00 p.m. when he went from his field to the house, then his younger brother Mahabir and Ghansham s/o Bohram Lal met him. His daughter Kiranwati aged about 6 years was going ahead of him. She told him that Sant Ram s/o Hira Lal has fired in the air with his licenced gun which did not hit anybody. Had they gone ahead then the same could have killed them. They turned back and came to their field. There was a dispute with Sant Ram. The complainant apprehended danger from him. On the next day they kept on talking about the mutual compromise with the residents of the village. On his statement, case under Section 285 IPC was registered. After completion of the challan, the accused was sent for trial for offence under Section 285 IPC. However, later on charge under Section 307 IPC was framed against the accused, to which he pleaded not guilty and claimed trial.

(3.) The prosecution, in order to bring home guilt of the accused, examined PW-1 ASI Amrik Singh, PW-2 SI Chandan Lal, PW-3 HC Gurdial Singh Armourer, PW-4 Gordhan complainant, PW-5 Kiranwati and PW-6 ASI Siri Kishan (Investigating Officer).