BANWARI LAL SHARMA, J. - (1.) THE appellant -accused has preferred this appeal assailing the judgment of conviction and order of sentence dated 25.11.2011 passed by the learned Additional Sessions Judge (Fast Track), No.3, Udaipur Headquarter Salumber, District Udaipur in Sessions Case No.24/2010, whereby the appellant -accused has been convicted for the offences under Section 307 IPC and Section 3/25 of the Arms Act and has been sentenced as under: - U/s.307 IPC: 7 years' rigorous imprisonment with fine of Rs.5,000/ -, in default of payment whereof, to further undergo three months' rigorous imprisonment. U/s.3/25 Arms Act: Two yaers' rigorous imprisonment with fine of Rs.500/ -, in default of payment whereof, to further undergo 15 days' rigorous imprisonment.
(2.) THE brief facts of the case are that on 29.11.2009, at about 1.45 p.m., the complainant Man Singh presented himself before the SHO, PS Kherwada and submitted a written report, alleging inter alia that on that day, at about 1.15 p.m., when after purchasing fruits at Chhani Mod, Kherwada, he was reversing his Indica Car No.RJ 27 CA 6725, then a motor -cycle was there behind his car and when he asked the motor -cycle driver to put the motor -cycle away so that he could reverse the car, the driver of the motor -cycle started quarreling with him and thereafter he proceeded towards Chhani Tiraha Banjaria Pump in his car. The motor -cycle driver followed him on the said motor -cycle and after overtaking his car, opened a fire from his country -made pistol but the same was missed. Thereafter, he opened second fire which too missed. He thereafter opened third fire, due to which the glasses of car were broken. Thereafter, he reached the police station and the motor -cycle followed him till then and thereafter ran away.
(3.) ON the basis of this report, an FIR No.374/2009 was registered at P.S. Kherwara and investigation commenced. After completion of investigation, the police filed charge -sheet against the appellant -accused for the offences under Section 307 IPC and Section 3/25 of the Arms Act in the court of Judicial Magistrate, First Class, Kherwara. The learned Magistrate, after taking cognizance for the aforesaid offences, committed the case to the court of learned Sessions Judge, Udaipur wherefrom the case was transferred to the court of learned Additional Sessions Judge (Fast Track), No.3, Udaipur (for short 'the learned trial court'). The learned trial court, after hearing on charge, framed charges against the appellant -accused for the aforesaid offences to which the appellant -accused denied and claimed trial. To substantiate the charges, the prosecution examined as many as 14 witnesses and exhibited documents. Thereafter, the appellant -accused was examined under Section 313 Cr.P.C., wherein he stated the prosecution case as false and stated that he has been implicated falsely. The appellant -accused did not lead any evidence in defence.;