JAGROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has laid this appeal under Section 374(2) Cr.RC. to challenge the judgment dated 21.06.1997 passed by Additional Sessions Judge, Raisinghnagar (for short, 'learned trial Court') in sessions Case No. 72/1992, whereby appellant was convicted for offence under Section 324 I.P.C. and Section 27 of the Arms Act. Learned trial Court handed down sentence of 3 years rigorous imprisonment to the appellant with fine of Rs. 3,000/- in relation to offence under Section 324 I.P.C. In default of payment of fine, it was further ordered that appellant shall undergo 1 year simple imprisonment. In respect of indictment of the appellant for offence under Section 27 of the Arms Act, he was sentenced for 6 months rigorous imprisonment with fine of Rs. 500/- and in default of payment of fine to undergo sentence for 2 months simple imprisonment.

(2.) Succinctly stated, the facts of the case are that on 09.05.1992 at 1.15 P.M., complainant Sardara Singh orally informed SHO, Police Station, Rawla that he purchased an agricultural land measuring 20 bighas from Tirekhan about seven years back and out of 12 bighas of land, at his behest, Jagroop Singh S/o Nakshatra Singh is cultivating. Alleging some acrimony with Jagroop Singh for the aforesaid land, it is stated in the FIR that Jagroop Singh while armed with 12 bore rifle (gun) fired at him. When Jagroop Singh fired bullet from 12 bore rifle (gun), complainant's wife came to his rescue and therefore, the gunshot was diverted towards his wife, injuring calf of her right leg and its pellet/splinter also caused injury on his right leg.

(3.) On the basis of oral information, FIR No. 85/92 was registered for the offences under Sections 30734134 I.P.C. and Section 27 of the Arms Act. Both complainant and his wife were subjected to medical examination and upon completion of the investigation, charge-sheet for the offences under Section 307341323 I.P.C. and Section 27 of the Arms Act was submitted before Judicial Magistrate. Anoopgarh on 17.09.1992. Later on, the case was committed to the learned trial Court.