- (1.) Leave granted.
(2.) Appellant was charged with and convicted for commission of offences under Sections 307 and 353 of the Indian Penal Code as also Section 25(1)(a) of the Arms Act; and sentenced to undergo rigorous imprisonment of five years and fine of Rs. 5,000/-, two years and fine of Rs. 1000/- and three years and fine of Rs. 1000/- respectively.
(3.) Prosecution case shortly stated is as under: Appellant was a driver of a Tata Spacio Car. Three other persons were accompanying him. They were sitting on the back seat. The said car was intercepted by the complainant PSI Babaji Javanji Vaghela (PW-8) and other police officers. The said persons ran away. The complainant Vaghela tried to pull the appellant out of the car. Allegedly, he resisted. Force was applied to take him out of the car. A scuffle ensued, during which allegedly he snatched the service revolver of the complainant and fired at him. Injury suffered by the complainant Vaghela (PW-8) as appearing from the medical report, is as under: "H/O Firing has (sic) done by accused from the service revolver. (illegible) on right side of loin (illegible) 1 x = cm abrasion (illegible) superficial Black gas seen on cloth and puncture and baniyan occurs";