Injured witness testimony is pivotal; convictions upheld under IPC Sections 307 and 450, with fines enhanced for victim compensation.

JUDGMENT :

Narendra Kumar Vyas, J.

1. This appeal has been preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 3.8.2005 passed by learned VIIIth Additional District Sessions Judge, (FTC) Bilaspur (C.G.) in Sessions Trial No. 35/2002, whereby the appellants stand convicted and sentenced as under:-

2. The case of prosecution is that complainant Sunita Tiwari (P.W./13) who was residing at Lala Kashyap Colony where she was running beauty parlour. On 29.10.2001 at about 8.45 in the night when she was taking tea along with Suchcha Nand Wadhwani (P.W./18) in her house, at that time appellant Ram Krishna Vaishya @ Chhotu who is known to the victim resident of Jarhabhata entered into the house of complainant along with other persons. One of the accused Ram Krishna Vaishya told Suchcha Nand Wadhwani to return the papers pertaining to the house which has resulted into dispute and they started threatening to kill Suchcha Nand Wadhwani by fire. At that time when Sunita Tiwari (PW/13) intervened, then the accused Ram Krishna fired at her by firearm (gun) as a result of which she received a bullet injury above thigh in the stomach causing bleeding also. He has again fired by gun which crossed between Sunita Tiwari (PW-13) and Suchcha Nand Wadhwani (PW/18) and stuck to the wall. Thereafter, Suchcha Nand Wadhwani (PW/18) has taken care of the victim and took her to District Hospital Bilaspur. On the basis of the complaint, Crime No. 346/1 was registered by the City Police Station on 29.10.2001 for commission of offence under Section 307/34 of IPC read with Sections 25 and 27 of the Arms Act.

3. After completion of the investigation, charge sheet was filed before the Court of Chief Judicial Magistrate Bilaspur, who in turn committed the case to the Court of Additional Sessions Judge, Bilaspur which was registered as Sessions Case No. 364 of 2003. The learned trial Judge after conclusion of trial convicted and sentenced the appellants as submitted above, but the learned trial Court has acquitted the accused Ram Krishna @ Chhotu for commission of offence under Section 25 and 27 of the Arms Act as before no proper permission from competent authority i.e District Magistrate has been obtained by the prosecution to initiate prosecution against him for commission of said offence.

4. In order to bring home the guilt of the appellants, the prosecution examined 18 witnesses namely Jhumuklal Bhoi (PW-1), Ramcharan Rajak (PW-2), Doctor Smt. S. Thakur (PW-3), Vikram Khetrapal (PW- 4), Dr. S. Chatterjee, Medical Oficer (PW-5), P.S. Toppo, Tahsildar (PW-6), Dhruw Prasad, Head Constable (PW-7), Sehattar Prasad Kurre, Constable (PW-8), B. Prasad (PW-9), Rajendra Bojwani (PW- 10), Pradeep Wadhwani (PW-11), Ramnarayan Joshi (PW-12), Sunita Tiwari, complainant (PW-13) Dr. L. Singh, Medical Officer (PW/14), Daroga Singh, constable (PW/15), Shiv Prasad Singh, Investigating Officer, (PW/16), Ramesh Wadhwani (PW/17) and Suchcha Nand Wadhwani, eye witness (PW/18) and exhibited the documents from seizure memo (Ex.P-1), agreement (Iqrarnama (Article A/1), Seizure memo (Ex.P/2), Doctor’s report (Ex.P/3 & P./4), complainant’s x-ray report (Ex.P/5 & P/6), compla