STATE OF MADHYA PRADESH Vs. HARISHANKER PYASI
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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(1.) The present appeal under section 378(1) of Cr.P.C., has been preferred by the appellant/State against the judgment of acquittal passed by Additional Sessions Judge, Sagar in Sessions Trial No.415/2001 dated 30.11.2001, whereby the respondent has been acquitted of the charge of offence punishable under section 307 of IPC.
(2.) The prosecution story in brief is that respondent Harishanker Pyasi is the neighbour of complainant Bala Prasad. Due to previous enmity the respondent had threatened complainant Bala Prasad to kill. On 29.10.2000 at around 6.45 pm in the evening complainant Bala Prasad was sitting in front of his house with his wife Mathurabai. Seeing them, respondent came out of his house and fired a gun shot by country made piston on the complainant. The complainant and his wife Mathurabai both sustained injuries on their hand by pellets. Complainant and his wife were taken to District Hospital, Sagar for treatment. After examining them Doctor intimated the police. S.R.Vishwakarma, ASI (P.W.4) of Police Station Gopal Ganj reached at District Hospital and recorded the report of complainant and initiated the investigation. The complainant and his wife Mathurabai were medically examined. The pellets of gun shot were recovered from the spot. The statement of witnesses were recorded and after usual investigation chargesheet has been submitted before the Court.
(3.) The trial Court framed charge of offence punishable under section 307 of IPC. The respondent abjured guilt and pleaded innocence. The prosecution has examined 13 witnesses in its support, whereas the respondent has given no evidence in his defence. The trial Court on appreciation of evidence found the charge of alleged offence not proved beyond reasonable doubt and acquitted the respondent.;
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