(1.) This Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure 1973 (in short called as " Cr.P.C .") is directed against the judgment of learned 1st Additional Sessions Judge, Chhatarpur in Session Trial No.122/07 dated 17-01-2008 whereby the appellant has been convicted for offences under Section 302 and 307 of IPC and Section 27 of the Arms Act. For the offence under Section 302 of the IPC, sentence of life imprisonment and fine of Rs.500/- is imposed whereas for offence under Section 307 of IPC, R.I. for ten years on each count (on four counts) and fine of Rs.500 for each count has been imposed. For offence under Section 27 of the Arms Act, the sentence of seven years (S.I.) and fine of Rs.500/ is imposed with default stipulation. The Court directed that all the sentences shall run concurrently.
(2.) Draped in brevity, the case of the prosecution is that on 18-05-2007 the complainant Jagdish Yadav (PW/3) lodged an FIR that on 18.05.2007 at 7:30 am he was standing at the front door of his house. The appellant Hariram alongwith his his friend Bali Vishwakarma's son came there in a motorcycle. The son of Bali Vishwakarma was driving the motorcycle and appellant was sitting in the back seat with his 12 Bore gun. At the door of house where complainant was standing, the motorcycle was stopped by the aforesaid boy. The appellant with an intention to kill Dhaniram fired at him by his 12 Bore gun. Dhaniram sustained gunshot injuries in various places of his body. He fell down and became unconscious. The complainant made an attempt to save Dhaniram. The appellant fired on complainant also because of which his left arm, neck, shoulder, right thigh were injured and bleeding started from the wounds. At this juncture, Nanhe Lal, Shyam Bai came to save them and they also sustained gunshot injuries in various parts of their body. The daughter Sapna also received gunshot injury. The son of Bali Vishwakarma and the appellant fled in their bike. The complainant took the injured to Police Station in a tractor. Later on, Dhaniram died.
(3.) The defence of the appellant was that he preferred the complaint against Dhaniram because of his corruption in "Kapildhara Yojna". Since the complaint was preferred by the appellant against Dhaniram, Dhaniram Sarpanch and their family members were keeping animosity with him. On the date of incident, the appellant was travelling in a motorcycle with one Tunde and when he reached Dhaniram's house, his motorcycle was stopped by Dhaniram because of which he fell down from the motorcycle. Nanhe Lal was carrying the gun of Dhaniram and he fired at him with an intention to kill him. The gunshot injury was, however, accidentally received by Dhaniram and other persons.