UGMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appeal has been preferred against the judgment dtd. 22/6/1993 passed by the learned Addl. Sessions Judge, Bhilwara in Sessions Case No. 93/1990 whereby he was convicted for committing an offence under Sec. 307 of IPC and sentenced to suffer 5 years rigorous imprisonment and a fine of Rs.500.00 with a default clause of further undergoing 3 months simple imprisonment in default of making payment of fine.

(2.) Succinctly stated, the facts of the case are that the appellant along with three others was tried in regard to an incident alleged to have taken place in the intervening night of 9/1/1990-10/1/1990. It was alleged by the first informant Amarchand, PW-1, that he along with his family members was sleeping in the house. At or about 12 O'clock, the appellant along with Rameshwar, Mangu, and Deva came in a Jeep; the appellant was having a gun with him and Deva fired upon the first informant. However, he bent on his knee as a result thereof, the pellet did not strike him but instead struck the wall of the house, whereafter the accused fled away from the spot. Exhibit P-1, the FIR, came to be lodged, whereafter, after investigation, four accused including the appellant were challaned, and after usual investigation, the charge-sheet for committing an offence under Sec. 307 of IPC came to be submitted.

(3.) I have heard learned Counsel for the appellant and learned Public Prosecutor. Gone through the record of the case, particularly the statement of PW-1 Amarchand and PW-6, SHO Udai Singh, who conducted investigation in the matter.