JASWANT SINGH @ SETHI Vs. STATE AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2.6.2003 passed by learned Additional Sessions judge, Sangariya in Sessions Case No. 49/2002 (49/2000) (State Vs. Jaswant Singh @ Sethi) whereby learned trial court found the accused appellant guilty for the offence under Sec. 307 Penal Code and convicted him for the said offence and sentenced to 4 years rigorous imprisonment with a fine of Rs. 5000.00 in default of payment of fine to further undergo three months rigorous imprisonment.

(2.) I have heard learned counsel for the parties. Perused the order impugned as well as record of the trial court.

(3.) The prosecution story as set-up by the prosecution is that on 28.6.2000 at about 12.30 PM, accused appellant fired a country made pistol at PW1 Kalu Ram @ Chandrapal on his both legs. Due to fire arm, injured suffered simple injuries on his legs below knee. The prosecution in support of its case produced PW1 Kalu Ram @ Chandrapal, PW2 Mani Ram, PW3 Vedprakash, PW4 Basti Ram, PW5 Sultan, PW6 Shetan Singh, PW7 Swarn Singh, PW8 Dr. Sushila Choudhary, PW9 Jaipal, PW10 Hansraj, and PW11 Munshi Singh. Statement of accused appellant under Sec. 313 Cr.RC. was recorded in which he denied the allegations. On appreciation of evidence, trial court came to conclusion that prosecution has succeeded in establishing the case under Sec. 307 Penal Code against the accused appellant and he was convicted and sentenced as noticed above.