STATE OF RAJASTHAN Vs. SUGRA ALIAS SUGAR SINGH

JUDGEMENT

(1.) THE State of Rajasthan has filed this appeal against the judgment of the Additional Sessions Judge, Dholpur where by the accused respondent was acquitted of the offence under Section 307, IPC.

(2.) THE case against the accused is that he on or about on 7 -5 -1975 at 2.30 p.m. in the village Somli fired a gun on Chotey Lal with such intention or knowledge and under such circumstances that if by the act he had caused the death to him, he would have been guilty of murder. To this charge of the offence under Section 307, IPC, the accused claimed trial.

(3.) ACCORDING to the prosecution, Chhote Lal (PW 1), Betal Singh (PW 2), Badan Singh (PW 3) and one Bhawani Singh were sitting in a Khaliyan and were smoking Chilam when the accused came with a double barrel gun along with the cartridges. The accused told them that he would set the fire in the Khaliyan, to which Chhotey Lal (PW 1) requested not to do where upon, the accused fired two shots at Chhote Lal (PW 1) which passed over his head because the latter bowed down. Thereafter accused began to reload his gun on this, all the witnesses Bhawani Singh succeeded in apprehending him. Thereafter the accused along with his gun and catridges were produced before the police. The FIR lodged in this behalf is Ex. P 1. According to the witnesses, no one received injury from the gun shots fired by the accused.