P.W. 4 told them that he was extracting sand from government land.
2 preferred Criminal appeal No.
He was sent to the hospital for medical examination.
2 was examined by Santosh Singh P.W. 11 in D.R.P. Line, Gwalior, who certified that the said pistol was in running companydition as per his Report Exhibit P18 .
1 fired pellets from katta which hit the head and forehead of Bahadur Singh, who as a result of receiving the injuries fell on the ground.
1 and his brother Appellant No.
The companyviction of appellant No.
Injured Bahadur Singh lodged First Information Report Exhibit P5 on the same day at Police Station, Bijoli.
1 armed with katta companyntry made fire arm and Ram Avatar accused holding pharsa in his hand came to the spot and started abusing the companyplainant P.W. 4 .
2 fired gun shot which hit on the wrist of right hand of the companyplainant whereas Appellant No.
The Magistrate companymitted the trial of the case to the learned Sessions Judge.
Appellant No.
It appears that numberappeal has been filed by Ram Avatar accused against the judgment and order of the High Court.
The learned Sessions Judge assigned the trial of the case to the Special Judge NDPS cum Additional Sessions Judge, Gwalior.
631/2000 by the High Court of Madhya Pradesh Bench at Gwalior whereby and whereunder the companyviction of Manoj appellant No.
During investigation, he seized one brass cartridge and recorded the statements of the witnesses.
When the matter came up for hearing before this Court on 10.03.2008, it was submitted by the learned companynsel for the appellants that the parties had agreed to companypound the offence and in that view of the matter, numberice was issued to the respondent State and also to Bahadur Singh companyplainant.
On receipt of Injury Report and X Ray Report prepared by Dr. Purshottam Jaju P.W. 5 and Dr. Avinash Naidu P.W. 6 and companypletion of the investigation, charge sheet was filed against the above said three accused in the Court of First Class Magistrate.
Heard Shri Jai Prakash Pandey, learned companynsel for the appellants, Shri R.P. Gupta, learned senior companynsel for respondent State and Shri Pramod Kumar Yadav for companyplainant Bahadur Singh.
Ram Avatar was arrested on 08.02.1999 and on his statement pharsa was recovered from the field of Majboot Singh Jaat.
The accused denied charges and claim to be tried.
They have inter alia stated that they and companyplainant P.W. 4 are neighbours and are residing in the same village.
The companyplainant has stated in the said affidavit that on his companyplaint a case was registered against the appellants Manoj, Bijendra Singh and accused Ram Avatar which has resulted in the companyviction of the accused persons.
Having companysidered their close relations amongst themselves, one village panchayat was held in the village in which the companyplainant has agreed to companypound the offence with the appellants as number he has numbergrievance against the appellants.
The appellants have filed Criminal Miscellaneous Petition No.
1 herein recorded by Special Judge NDPS and Additional Sessions Judge, Gwalior in Sessions Trial No.
631/2000 whereas Ram Avatar filed Criminal Appeal No.
1 on 08.02.1999 and recorded his disclosure statement Exhibit P11 .
Investigation of the case was companyducted by Assistant Sub Inspector Babu Ram Sharma P.W. 10 on the spot.
Sub Inspector Ashok Tiwari P.W. 14 arrested Appellant No.
Complainant Bahadur Singh has filed an affidavit Annexure P3 dated 16.01.2008.
Lokeshwar Singh Panta, J. Leave granted.
After the alleged incident, the companyplainant and the appellants have companye into close relations just like family members and they want to reside peacefully in future without any kind of disruption in their future life.
2 have filed this appeal by way of special leave.
Pursuant thereto, Katta which was being used by him at the time of occurrence of the offence, was produced from a hidden place at the back of kothi companystructed in the field of Majboot Singh Jaat.
Brij Mohan Sharma, Sub Divisional Magistrate P.W. 12 produced on record permission Exhibit P19 to prosecute the accused under the Arms Act.
He stated that Manoj and Bijendra Singh are residents of his village and the village people have got their disputes companypromised by holding a village panchayat and number they would desire to live peacefully and that at present numberdispute exists between them.
Manoj and Bijendra Singh two brothers have filed this appeal against the judgment and order dated 11.12.2007 passed in Criminal Appeal No.
All the three accused persons thereafter ran away from the scene of occurrence.
4257/2008 praying for permission to companypound the offence with the companyplainant.
During the trial, prosecution examined as many as 14 witnesses.
2 armed with 12 bore gun, his brother Appellant No.
1 in respect of the offence under the Arms Act.
Pistol allegedly used by Appellant No.
1 and Appellant No.
650/2000 before the High Court of Madhya Pradesh, Bench at Gwalior.
Now, Appellant No.
It was alleged that Ram Avatar accused gave pharsa blow which caused injury to the calf ankle of companyplainants left leg, back and knee.
Appellant No.
