VIJAY SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.6.2001 passed by the learned Additional Sessions Judge. No. 1 (Fast Track), Dholpur, by which the learned Additional Sessions Judge convicted the accused appellant Vijay Singh under Sec. 307 Penal Code and sentenced him to undergo rigorous imprisonment for seven years with a fine of Rs. 2,000.00, in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) The material facts of the prosecution case in nut shell giving rise to this instant appeal are as follows: On 23.12.1995 PW.14 Om Dutta received a requisition from General Hospital; Dholpur to record the statement of injured Munsi Lal, who was admitted as in indoor patient. He reached there and recorded the statements of Munsilal Ex.P13 and sent the same to the Police Station, Sepau for further action. PW.15 Bid Singh, ASI, who at the relevant time, was posted at Police Station, Sepau received the statement. Injured Munshi Lal has stated in his Parcha Bayan that on 23.12.1995 at about 4.00 PM while he was on way to his house, accused Vijay Singh met him and fired 12 bore gun, which hit on his waist, as a result thereof, he fell down. He further stated that accused was having enimocity with him and that he opened fire with an intention to kill him. On the basis of this Parcha Bayan, the ASI registered a case vide FIR Ex.P.14. He also recorded the statements of injured and other witnesses under section 161 Crimial P.C.

(3.) In the course of investigation, PW15 Biri Singh took in possession the cloth of injured vide memo Ex.P2.