SANDEEP @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried for committing offences punishable under Sections 307 and 506 IPC and Section 25 of the Arms Act on the allegations that on 9.12.2006, he fired at Smt. Shakuntla, wife of complainant Charan Singh with an intention to kill her. Vide impugned judgment and order dated 28/29.10.2009, the learned Additional Sessions Judge, (Fast Track Court), Hisar, convicted him for the offence under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. He was also convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of seven days. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution as noticed by the trial Court in para 2 of the impugned judgment is reproduced hereinbelow:-

(3.) Having heard learned counsel for the parties, this Court finds that the prosecution had led sufficient evidence by way of testimonies of PW10 Charan Singh and PW13 Smt. Shakuntala, who deposed about the manner, in which, the appellant first fired at Smt. Shakuntla with an intention to kill her and the fire hit her on her right shoulder. Thereafter, the appellant used butt of the pistol in giving an injury on the head of Smt. Shakuntla. The ocular account of the occurrence stands duly corroborated from the testimony of PW12 Dr. Sanjay Verma, who had medico-legally examined Smt. Shakuntala on 9.12.2006 at 10.30 p.m. and found the following injuries on her person:-