ZIYAUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Ziyauddin was convicted and sentenced to four years' rigorous imprisonment for offence under section 307 Penal Code by learned Sessions Judge, Dungarpur vide judgment dated 25.3.1983. He has assailed his conviction and sentence by preferring this appeal.

(2.) Briefly stated, Hargovind lodged first information report at police station Kotwali. Dungarpur at 9.00 p.m. on 7.4.1982 that at about 3.50 or 4.00 p.m. when he was proceeding towards his house in Soniya Chowk and when he reached near the house of his relation Shankerlal Joshi he heard slogans. He looked up and saw that the appellant was aiming at him with a gun from his roof. Appellant tired at him. Six pallets recovered. He in order to save himself rushed and when reached near Fauj Ka Baria, Basanti Lal, Amar Prakash and some other persons met him. They took him to hospital where he was operated and pallets were taken out. Police registered a case under section 307 IPC. During investigation site plan was prepared on 10.4.1982. Hargovind was medically examined. Injuries were found on his fore arm. Three injuries were caused by blunt weapon. On X-ray examination a pallet was found in his palm and injury No. 2 was found to be grievous. Witnesses were examined under section 161 Crimial P.C. and after investigation challan was submitted before the Magistrate having jurisdiction. He committed the case to the learned Sessions Judge who framed and read over charge under section 307 Penal Code to the appellant on 20.10.1982. The appellant denied his indictment and claimed trial. Thereupon prosecution examined eight witnesses in support of its case. Appellant was examined under section 313 Crimial P.C. He produced eight witnesses in defence. Learned Sessions Judge, after hearing both the parties, convicted and sentenced the appellant as stated above.

(3.) I have heard the learned counsel for the appellant as well as learned Public Prosecutor at length and have gone through the record.