(1.) THE appellant Ramdas S/o. Brahmjeet, as per prosecution on 22.3.2007 at about 4:00 PM, in village Chandiyan Ka Pura, fired a shot from his licensed gun on Pappu which hit him below the left shoulder resulting into his death.
(2.) THE court of Additional Sessions Judge (Fast Track) No. 2, Dholpur, vide impugned judgment dated 9.7.2008, held the appellant guilty of offence under Section 302 IPC. However, the trial court acquitted the appellant for the offence under Section 30 of Arms Act. Having convicted the appellant for the aforesaid offence, vide a separate order of even date sentenced him to undergo life imprisonment and to pay a fine of Rs. 5,000/ -; in default of payment of fine, to further undergo six months additional imprisonment.
(3.) THE criminal proceedings in the present case were set into motion on the basis of written statement (Exhibit -P/11) presented by Pratap Singh (P.W.5) before Rajendra Kumar Sharma (P.W.16), who on the date of occurrence was posted as SHO, Police Station Diholi.