MANJEET SINGH Vs. STATE OF J. AND K.

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 3/10/2011 passed by Principal Sessions Judge, Samba "the trial court" whereby the appellant was convicted for the commission of offence under Sec. 307 RPC and sentenced to undergo rigorous imprisonment for a period of five years along with fine of Rs.5,000.00.

(2.) The prosecution case, in brief, is that on 24/1/1999 at about 6:00- 6:30 p.m., the injured PW's Balwant Singh, Darshana Devi and Naseeb Singh lodged an oral report at Police Post Vijaypur alleging that while they were standing near the gate of their house, the appellant Manjeet Singh along with co-accused Manveer Singh, owing to previous enmity, started hurling abuses at them. It was alleged that when Naseeb Singh attempted to intervene, the appellant went back to his house, brought a 12-bore single-barrel gun, climbed onto the rooftop and fired in their direction with an intention to commit murder, as a result of which pellet injuries were sustained by all three injured persons. On the basis of the said report, FIR No. 20/1999 under Ss. 307/34 RPC and 3/25 Arms Act came to be registered. After completion of investigation and recording of medical evidence, the appellant was put to trial, whereas the co-accused was declared a juvenile. The trial court, relying upon the testimony of the injured witnesses and the medical evidence, returned a finding of guilt against the appellant under Sec. 307 RPC.

(3.) Assailing the impugned judgment, learned counsel for the appellant contended that though the FIR included offence under Sec. 3/25 Arms Act, no charge under the said provision was framed and the alleged weapon was neither properly recovered nor conclusively connected with the offence. It was further argued that the injured had reached the hospital on their own and were not produced by the police, thereby creating doubt about the prosecution version. It was submitted that all injuries sustained were simple in nature and caused by pellets, and there was no cogent evidence to establish that the appellant had directly aimed and fired at the injured with intention to cause death. The possibility of accidental firing or pellets ricocheting after striking a hard surface was also projected, particularly in view of admitted prior enmity between the parties.