- (1.) The crux of the facts & evidence, unfolded during the course of trial, relevant for deciding the instant appeal and emanating from the record, is that, after taking into consideration the allegations contained in the challan/final police report under Section 173 Cr.P.C., the trial Court charge-sheeted appellant Siri Bhagwan son of Nafe Singh in the following manner: - "That on 15.03.09 in the area of falling within the area of Police Station, Sampla. You the above named accused drove your vehicle i.e. Motor Cycle chasis No. MD2DHDZZ PCA 78921 and engine No. DHGBPA-16483 so rashly and negligently as to endanger to human life and personal safety of others and thus you thereby committed an offence punishable under section 279 of Indian Penal Code and within the cognizance of this court. Secondly, on the same day, time and place, you the above named accused assaulted by firing at police party headed by HC Raj Kapoor and SI Deepak Kumar as public servants in the execution of their duty as such public servant with intent to prevent them from discharging their duty as such public servant and thus, thereby committed an offence punishable under of Indian Penal Code and within the cognizance of this court. Thirdly, on the same day, time and place, you the above named accused voluntarily obstructed to public servants i.e. police party headed by HC Raj Kapoor and SI Deepak Kumar in discharging of their public functions and thus, you thereby committed an offence punishable under section 186 of Indian Penal Code and within the cognizance of this Court. Fourthly, on the same date, time and place, you the above named accused, fired shot upon HC Raj Kapoor, a public servant, with such intention or knowledge and under such circumstances that by that act you had caused death of HC Raj Kapoor, a public servant and you would have been guilty of murder and thus, thereby committed an offence punishable under section 307 of Indian Penal Code and within the cognizance of this Court. Lastly, on the same date, time and place, you were found in your possession one country-made pistol of .38 bore alongwith 2 live and 4 dead cartridges without any permit or licence and thus, thereby committed an offence punishable under section 25 of Arms Act and within the cognizance of this Court.
(2.) Having completed all the codal formalities, the trial Court convicted & sentenced the appellant to undergo rigorous imprisonment for a period of two months, four years and to pay a fine of Rs. 1,000/-, 11/2 years and two years and to pay a fine of Rs. 5,00/- for the commission of offences punishable under Sections 186, 307, 353 IPC and 25 of the Arms Act respectively. In default of payment of fine, he was further ordered to undergo the sentence for a period of 11/2 months. However, all the sentences were ordered to run concurrently by the trial Judge, vide impugned judgment of conviction dated 28.02.2011 & order of sentence dated 12.03.2011.
(3.) The appellant did not feel satisfied and preferred the present appeal to set aside the impugned judgment of conviction & order of sentence of the trial Court. That is how I am seized of the matter.;