S.S.VYAS, J. - (1.) THIS is a jail appeal by accused Kadva against the judgment of the learned Sessions Judge, Banswara dated March 2, 1983 convicting and sentencing him as under: Sections Sentences Awarded 307 IPC 3.1/2 years' RI fine of Rs. 250/ - in default of payment of fine to further undergo 2 1/2 months' like imprisonment 3/25 of the Arms Act 1 year' RI with a fine of Rs. 100/ - in default of payment of fine to further undergo 1 month like imprisonment 27 of the Arms Act -do -
(2.) SUBSTANTIVE sentences were directed to run concurrently, while those in default of payment of fine, consecutively. The prosecution case is short and simple and may briefly be stated. Accused Kadva and the injured victim PW.6 Gajheng are residents of village Charkani, District Banswara. In the early hours on 24.10.82 they along with PW.3 Chamna went for hunting in the jungle situate nearby. Each of them had a gun With him while they were climbing up on the hill, the accused fired a shot at Gajheng (PW.6) with his gun. PW.6 Gajheng fell down. The shot hit him on the left side of the chest. He raised cries. PW.3 Chamna came to help him. He took him to his house. The injured asked his brother PW.2 Roopji to go the police station and make a report of the occurrence. PW.2 Roopji accordingly went to police station, Kushalgarh and lodged verbal report Ex.P/3 at about 9.30 a m. The police registered a case and proceeded with investigation. The injuries of the victim were examined by PW.8 Dr. P.L.Bhardwaj, Medical Jurist, M.G.Hospital, Banswara. He issued injury report Ex.P/6. He found a gun shot wound on the left side of the chest of the victim. The X -ray examination revealed the fractures of 9th and 10th ribs. The accused was arrested on 19.10.82. After the investigation was over, the police submitted a challan against the accused in the court of the learned Munsif and Judicial Magistrate. Kushalgrah, who in his turn committed the case to the court of learned Sessions Judge, Banswara The learned Sessions Judge, framed charges under Sections 307, IPC 3/25 and 27 of the Arms Act against the accused The accused denied the charges and faced the trial. He claimed absolutely innocence and pleaded that he was falsely implicated. He, however, did not state the reasons for his false implication. During trial, the prosecution examined 13 witnesses, while in defence, no evidence was adduced. On the conclusion of trial, the learned Judge held all the charges duly brought home to the accused. The accused was, consequently convicted and sentences as mentioned above. Aggrieved against his convictions and sentences, the accused has filed this appeal.
(3.) I have beard the learned Amicus Curiae and the Public Prosecutor, I have also gone through the case file carefully.;