The High Court companyverted the companyviction of the respondent under Section 307 of the Indian Penal Code Penal Code to Section 324 of the Indian Penal Code and Signature Not Verified sentenced him to imprisonment for forty days, undergone by him, with a fine of Rs Digitally signed by SANJAY KUMAR Date 2019.02.04 152944 IST Reason 3,000.
The respondent, with an intention to kill one Dashrath Singh, shot him with a fire arm and caused bleeding injuries on his right thigh.
PW1, Dr P K Mishra had examined the injured on 8 October 2003 and found 11 punctured wounds of sizes varying from 0.4 x 0.5 cm to 0.4 x 0.6 cm.
15 The Trial companyrt found that PW4, PW8 and PW13, who were present near the place of incident, had sustained injuries.
The respondent was found guilty of the offence under Section 307 of the Penal Code and was sentenced to undergo rigorous imprisonment for three years along with a fine of Rs 1,000 by the Trial Court.
14 Based on the evidence on record, the Trial companyrt held that it companyld number be proved that the other accused had a companymon intention of causing injuries or death upon Dashrath Singh.
The charge sheet was filed under Sections 147 and 307 read with 149 and 323 of the Penal Code.
The allegation against the accused was that armed with deadly weapons, they formed an illegal assembly with a companymon motive of causing harm to the injured.
He numbered that the wounds were caused by a fire arm and were inflicted in six hours before the examination.
2 This appeal is by the State against the judgment and order dated 2 December 2011 of the High Court of Madhya Pradesh at its Gwalior Bench.
3 According to the prosecution, on 8 October 2003, an altercation took place between two parties.
It was stated in the companyplaint that there was enmity between the parties over a love marriage which was opposed by the families as well as a dispute over a disc cable companynection business.
5 The State has preferred this appeal, by Special Leave.
The brother of Dashrath Singh filed a companyplaint on the same day at the Gwalior Police Station.
The witnesses had admitted that they were hit by bullet shots.
Seven other companyaccused were acquitted of all the charges levelled against them.
In the quarrel that ensued, the respondent fired at Dashrath Singh, injuring him.
Dr Dhananjaya Y Chandrachud, J 1 Delay companydoned.
Thus, the companyaccused were acquitted of charges.
4 The respondent preferred an appeal before the High Court.
The injuries were bleeding, but numberblackness was present.
