Kanta Bhatnagar, J. - (1.) Appellant Jodha was tried for the offences under Section 307 I.P.C. and Section 25 of the Arms Act by the Additional Sessions Judge, Jalore. By the judgment dated 16-12-79 he was convicted for the offence under Section 307 I. P. C. and sentenced to three years rigorous imprisonment and a fine of Rs. 2,000/-, in default to undergo six months rigorous imprisonment. For the other offence he was acquitted because of there being no sanction for prosecution under the Arms Act.
(2.) Briefly stated the facts of the case giving rise to this appeal are, that on 4-4-76 four bullock carts containing cumin seed (Jeera) were passing the road. Chhoga (P.W. 1), Varjanga (P. W. 8) and injured Hatta (P.W. 10) were going on foot behind the carts from their village 'Vanu-Ki-Dhani, when they had reached at some distance from the village, appellant Jodha came from his Dhani with a gun and was seen standing at the road. When the injured and his two companions reached at a little distance from him, Jodha enquired of them as to who they were as going on the road. Chhoga (P.W. 1) told him that he, Varjanga and Hatta were there. Jodha told them that because Hatta had lodged information against him, implicating him in the theft of cumin seed ho will kill him with gun shot. Just on saying so he fired a shot which hit Hatta on his left thigh. Varjanga (P.W. 8) and Chhoga (P.W. 1) raised a cry. The persons in the bullock cart reached there. On hearing the hue and cry Narayan and Pema aiso reached there from the village. Leaving Hatta in injured condition there Chhoga (P.W. 1) went to police out post Narsana. Jhumaalal (P. W. 11) S. H. O. Police Station Bagora was present there. Chhoga (P.W. 1) informed him of the occurrence. First Information Report Ex. P. 1 was lodged by Chhoga. The case was registered against Jodha and the two constables were sent immediately to the site. The S.H.O reached the site at early morning. He conducted the necessary investigation at the site, took blood soaked earth and the control soil from the place where Hatta was lying, Hatta was taken to Bhinmal Hospital, where on 5-4-76 (P. W. 2) Dr. Suganchand examined his injuries and prepared the injury report Ex. P. 2. The Doctor noted the following injuries on his person : 1. Gun Shot wound (wound of entry) 11/2" x 11/2" x bone deep and then upto skin of opposite side over left thigh lateral surface 10" below anterior superior illiac spine. Two pieces of bullet are removed. Laceration of muscles and blackening of muscle present. Left femur fractures underneath. 2. Three round black (tatooing) marks present. 1" above and 2" lateral to injury No. 1. There is no wound of exit. At three places pieces of bullets arc superficial:- 1. Over left thigh 10 above left pattela as on enteric-medial surface-One piece was removed. 2. Black spot 2 medial to injury No. 1-two pieces of bullet were removed. 3. Blackish spot 1 above the injury No. 2-one piece of bullet was removed. Note- direction from laterial medial wards and slightly downwards. There wore blood stains over left thigh, left leg, both hands-Angerkhi and dhoti.
(3.) The doctor advised X-ray for evidence of fracture. Hatta was then taken to Jalora General Hospital, where P, W. 3 Dr. B.L. Rai, Medical Jurist took the X-ray of the injury. Radio opaque shadows of the pellets were found. Fracture of the shaft of femur with the displacement was detected through X-ray. Injured was then taken to Jodhpur Hospital and his thigh was plastered.;