- (1.) THE appellant, Matadeen was tried by the court of Additional Sessions Judge (Fast Track) No.1, Dholpur, and vide the impugned judgment dated 8.3.2006, the appellant has been found guilty of offence under Section 307 IPC and stand sentenced to seven year R.I.
(2.) THE present appeal unfold the cross version to the version given by the appellant leading to registration of FIR No. 40/1999 at Police Station Diholi, District Dholpur. In the said FIR, which has been exhibited in record of the present case as Exhibit -D/3, the present appellant had made a grievance that the complainant party came armed and due to shot fired by Radhavallabh, Gulab Singh son of uncle (Tau) was murdered and due to shot fired by Ramavtar (P.W.4), Omwati, sister of the appellant had suffered injuries.
(3.) RAMAVTAR in the court had taken a version otherwise. He had stated that Matadeen, the present appellant fired a shot and the said shot has caused injury on his arm. Dr. Adarsh Saxena (P.W.11) had examined Ramavtar (P.W.4) and as per injury report (Exhibit -P/5) had found the following injuries: "(i) Gunshot entry wound 1cm x 0.8cm, oval in shape, 1cm ms deep, pus is coming out of this wound, margins are inverted, surrounding area of wound is inflamed and indureted. Situated at junction of upper 1/3rd and middle 1/3rd of right upper arm, antero -lateral margins, direction of wound is towards backward, posteriorly. (ii) Gunshot Exit wound, 1.5cm x 1cm, irregular in shape, 2.5cm, deep to muscle in the direction of injury no. one, margins are outwards, inflamed. Pus is coming out of this wound, surrounding area is indureted wound is situated in the opposite direction of wound no. one, over junction of upper 1/3rd and middle 1/3rd right upper arm, posterior aspect towards medially.";