Khem Chand Sharma, J. - (1.) This criminal appeal under Section 374 Cr.PC. is directed against the judgment and order dated 7.12.2001 passed by the learned Additional Sessions Judge, Ramganjmandi, whereby appellant Ramlal has been convicted for offence under section 307 IPC and sentenced to undergo 7 years' rigorous imprisonment with a fine of Rs. 15,000/-, in default thereof, to further undergo six months' simple imprisonment.
(2.) On 26.10.2000, the police recorded Parcha Bayan (Ex.P8) of injured Kailash Chand Meghwanshi in the Surgical Ward of M B.S. Hospital, Kota, wherein the injured stated that at about 7.00 AM while he, his mother and his cousin were taking tea, accused appellant came on the roof of his house and told the injured that it was twelve months festival and threw a bread packet at him and asked him to eat the bread since he had to die. On his refusal to eat bread, the accused who was armed with a gun, opened fire at the injured with an intention to kill him. The injured sustained gun shot injury on his back and as a consequence thereof, he fell down and accused escaped from the scene. The injured further stated that accused was his neighbour. He was a drunkard and used to hurl filthy abuses after consuming liquor.
(3.) On the basis of above Parcha Bayana, police registered a case vide FIR, Ex.R 9 and proceeded with the investigation. In the course of investigation, police prepared site plan, Ex.P1, collected the injury report, Ex.P10, X-ray report, Ex.R5 and X-ray plates Exs. P6 & P7. The accused was arrested and on his information, Ex.R26 furnished under section 27 of the Evidence Act, police recovered the gun form his possession vide memo Ex.P.27.;