MADANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal under Sec. 383, Cr.PC. has been filed against the judgment of conviction and order of sentence dated 3.8.2001 passed by learned Additional District & Sessions Judge (Fast Track), Rajsamand in Sessions Case No. 31 of 2001, whereby the accused-Appellant has been convicted under Sec. 307 Indian Penal Code and sentenced to 7 years rigorous imprisonment with a fine of Rs. 2,000.00, in default of payment of fine to further suffer three months simple imprisonment.

(2.) Briefly stated, the facts of the case are that on 2.2.2000 complainant Ramesh Chandra gave a verbal information Ex.P/10 at Police Station, Devgarh to the effect that on that day at about 12 O'clock in the day he alongwith his father Mohanlal and elder brother Shivlal was at the well and repairing the pipe of engine at that time his elder brother accused Madanlal having gun in his hand came there. It was stated that the complainant told him not to fire there and on that accused Madanlal went away from there but after some time he again returned to the place after loading the gun and started quarrelling with the complainant. The complainant said him not to quarrel but the accused lifted the gun with an intention to kill him and fired which resulted in a number of pallets injuries to him and a lot of blood oozed out. It was said that the accused after firing gun ran away from the spot. The complainant was taken to Devgarh Hospital in a jeep by his father and brother for treatment. It was said that due to the partition dispute in respect of land in between the brothers there is an old enmity between them.

(3.) On the basis of above report, a regular FIR was chalked out and Criminal Case No. 34 of 2000 under Sec. 307 and 323 Penal Code was registered and investigation commenced.