DAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24.2.1982 passed by the learned Sessions Judge, Jalore convicting the accused-appellant of offence under section 324 Penal Code and sentencing him to 1 year R.I. and to pay fine of Rs. 200.00. He has also been convicted of offence under section 27 of the Arms Act and sentenced to 6 months R.I. and to pay a fine of Rs. 200.00. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case is that on 22.4.1981 at about 6.00 p.m. in village Panala, Bhakra Ram heard the noise of gun-shot, suspecting hunting of deer, he rushed to the sight. He saw 4 persons running from the sight. It is alleged that one of them fired at Bhakra Ram and the other accused gave lathi blow. The matter was investigated by the Police and the charge-sheet was laid of offence under sections 307, 307/34, 323 Penal Code & 27 of the Arms Act.

(3.) The trial Court convicted and sentenced the accused-appellant as stated above. It is contended by the learned counsel appearing for the appellant that no reliance can be placed on the testimony of PW 5 Bhakraram as in the FIR he has stated that the appellant-Dan Singh was armed with gun but, in his statement, he has stated that he had taken gun from one Hansa and then fired. In my view this contradiction is trival in nature and only on this ground the testimony of injured witness which is corroborated by the medical evidence of PW 1 Dr. Mohanlal Paniya cannot be rejected. PW 1 Dr. Mohanlal Paniya has stated that he examined Bhagirath @ Bhakraram on 23.4.1981 and found following injuries on his person:-