RAM KISHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dt. 13-12-1982 passed by the Sessions Judge, Jhalawar, whereby, the accused- appellant has been convicted U/s. 307 IPC and he has been sentenced to one and half years imprisonment and a fine of Rs. 1,000/ -.

(2.) THE brief facts giving rise to this appeal are that on 13. 09. 1981 at about 4 p. m. Shri Jaswant S/o Shri Lal resident of village Badgaon went to the Police Station Manoharthana alongwith his brother Shri Bansi Lal and lodged a report mentioning therein that since last Friday he was getting the foundation of his house dug when he came out of the house on 13-9-81 at 9. 00 a. m. he found the appellant standing nearby the foundation. At that time the appellant was armed with a gun. When the complainant party came out of the house and reached at the seen of the occurrence the appellant fired the gun which did not hit to anybody only the side of complainant was injured. THE learned trial Court found the appellant guilty for the said offence merely on the ground that he fired the gun with an intention of committing murder. On the basis of the said report a case was registered at the Police Station and after investigation a challan was filed against the appellant. As many as 12 witnesses have been examined by the prosecution. THE learned trial Court after placing reliance on the statement of the prosecution witnesses found the appellant guilty and passed the aforesaid sentence.