VIJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenged is appellant's conviction for the offence of Section 307 IPC and Section 27 Arms Act recorded in Sessions Case No. 34/88 before the court of Sessions Judge, Sriganganagar vide judgment dated 24.11.89. The sentence awarded is three years rigorous imprisonment for Section 307 IPC and to one year rigorous imprisonment with fine of Rs. 100/- for Section 27 of Arms Act.

(2.) Alleged events as per prosecution are that on 07.04.88 at 8:40 PM, Subhash Chandra PW/1 arriving at P.S. Kotwali, Sriganganagar orally lodged report that at about 8:20 PM he while going home from office as he turned towards south were standing Vijay and Surender - Vijay for killing him fired from pistol at him, palletes of which struck on his left wrist - as he stopped his motorcycle, second fire followed, palletes of which struck and entered his right leg and then both ran away. The complainant further informed that Mukesh Agarwal observed the incident and this incident occurred because 10-15 days earlier his elder father's son Mangal was beaten by Vijay and others and he (Subhash) accompanied Mangal to police station and 2-3 days thereafter Vijay had threatened him. Also mentioned in this report is that Surender while running away was telling of revenge taken. Registering FIR Ex.P/8 No. 141/88 for the offence of Section 307/34 IPC, in course of investigation S.I PW/5 inspected site and prepared memos Ex.P/8 and 8A - shirt and pant having blood stains and palletes seized and sealed vide memo Ex.P/2 - Appellant and other accused arrested and though information of Vijay kumar Ex.P/12 is said to be for pistol but no recovery. Ex.P/9 is injury report of Subhash Chandra and Ex.P/3 is X-ray reports of injured, according to which metallic pallete were in right thigh and fore arm.

(3.) After usual investigation, chargesheet submitted for the offence under Section 307 IPC and Section 27 Arms Act.