RANG LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) TWO connected criminal appeals (Nos. 619 -SB and 620 -SB of 1983) will be disposed of by this judgment.

(2.) THE prosecution case is that the appellant, Rang Lal, had abused the younger sister of Hanuman P.W. 8, a couple of months prior to the occurrence. Hanuman reprimanded him and this incident created bad blood between them. On 9th of November, 1981, at about 8 A.M., Hanuman P.W. 8 was returning to his house after easing himself in the fields. In the way he met Raj Kumar P.W. 9 and Shri Ram alias Pappu P.W. 15 and he started talking with them. The appellant came there from behind Hanuman P.W. 8 and fired a pistol shot causing injury on his back. After firing the shot, the appellant ran away. Hanuman P.W, was medically examined by Dr. K.L. Juggal, P.W. 1, who noted the following injury on his person : -

(3.) THE prosecution examined the injured, Hanuman PW 8 and the eye -witnesses Raj Kumar PW 9 and Siri Ram PW 15. The eye -witnesses did not lend support to the prosecution case. The prosecution, therefore, relied upon the medical evidence and the statement of the injured. The appellant when examined under section 313, Code of Criminal Procedure, denied complicity in the crime alleged false implication due to previous enmity. The learned trial Court, however, accepted the prosecution version and convicted the appellant under section 307, Indian Penal Code, and sentenced him to undergo five year' R. I. and to pay a fine of Rs. 500/ -, in default undergo further R.I. for one year. In the connected case also the appellant was convicted under section 25 of the Arms Act and was sentenced to undergo R.I. for six months. The substantive sentences of imprisonment in both the cases were ordered to run concurrently. The appellant has filed the two instant appeals one against his conviction and sentence under section 307, Indian Penal Code, and other under section 25 of the Arms Act.