JUDGMENT

Arijit Pasayat, J.-When member of a disciplined force like police force is accused of having shot his colleague with a gun, it naturally raises eyebrows and the case at hand is one such case. The victim Vilas (PW-2) was a relative of the accused.

2. According to the prosecution, over a petty family matter, accused took exception and on 18.7.1983 fired a gun from a very close range aiming at the victim lying on a cot. Luckily, the shot did not hit the victim, it hit springs of the cot, the bullet broke into pieces and the splinters entered into his leg. Information was lodged with the police, investigation was undertaken and charge sheet was filed for alleged commission of offence punishable under Section 307 of the Indian Penal Code, 1860 (for short the IPC ) and Section 27 of the Arms Act, 1959 (for short the Arms Act ).

3. The Trial Court placing reliance on the evidence of the witnesses including victim found the accused guilty of the offence punishable under Section 324 IPC and sentenced him to undergo RI for one year. Similar sentence was imposed for the offence under the Arms Act. It was held that the factual background did not warrant conviction under Section 307 IPC