- (1.) The present appeal has been filed by Jasbir alias Bunti son of Dhir Singh. The Appellant was tried in case FIR No. 219 dated 11.8.2000 registered at Police Station Rai, under Section 307 read with Section 34 and 25 of the Arms Act.
(2.) The learned trial court acquitted the Appellant for the offence under Section 307 IPC, however, held him guilty of offence under Section 25 of the Arms Act and sentenced him to undergo RI for two years as he was stated to be found in possession of contraband fire arm. The Appellant was also sentenced to pay a fine of Rs. 2000/- and in default of payment of fine, to further undergo RI for a period of six months. The appeal is directed against the judgment of conviction and the order of sentence dated 30.3.2002 passed by the Sessions Judge, Sonepat.
(3.) Injured Anand PW-7 had made a statement Ex.PF on 11.8.2000 to ASI Om Parkash PW-5 in Genral Hospital, Sonepat stating that he is running a retail shop in Village Sewali; at about 8 p.m. on 04.8.2000, he was sitting along with his brother Chand and Rajesh, the accused Jasbir along with Vijender came there under the influence of liquor. At that time, Jasbir was armed with a country made pistol. Vijender incited accused Jasbir to shoot at the complainant to teach him a lesson. Thereafter, accused Jasbir fired a shot which hit injured Anand in his abdomen near the navel. On the above stated statement, ASI Om Parkash had made an endorsement Ex.PF/1 and formal FIR Ex.PF/2 was registered. The FIR was investigated and a report under Section 173 Code of Criminal Procedure was submitted and the Appellant was charged for offence under Section 307 IPC and 25 of the Arms Act.;