JUDGMENT

Sureshwar Thakur, J.

The instant appeal is directed against the impugned verdict, as made on 11.1.2018, upon Sessions Case No. 38 of 2016, by the learned Sessions Judge, Bhiwani, wherethrough in respect of charges drawn against the accused qua offences punishable under Sections 452 and 302 of the IPC, and, under Section 27 of the ARMS ACT , 1959, thus the learned trial Judge concerned, proceeded to record a finding of conviction against accused-appellant. Moreover, through a separate sentencing order, drawn on 12.1.2018, the learned trial Judge concerned, sentenced the convict in the hereinafter extracted manner.

2. All the above imposed sentences of imprisonment, were ordered to run concurrently but the period of detention undergone by the convict, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off from the above imposed sentence(s) of imprisonment. The revolver and live cartridges were ordered to be confiscated to the State.

3. The convict-appellant becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent thereto sentence(s) of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute thereagainst the instant criminal appeal, before this Court.

Factual Background

4. The genesis of the prosecution case becomes embodied in the appeal FIR, to which Ex. PG is assigned. The narrations carried in Ex. PG are, that on 5.12.2015, while SI Shyam Sunder, ASI Rajbir Singh, and, HC Vijay Kumar were present near Primary School, Dhani Ramjas, Sanjeet son of deceased Prithvi Singh made the statement before SI Shyam Sunder. Complainant reported that he is an agriculturist and resident of village Dhani Ramjas. On 5.12.2015, he was at home. At about 12:30 pm, his father Prithvi Singh (since deceased), aged 64 years, was having meals in the drawing room. His cousin (complainant's cousin), namely, Vijaypal son of Surat Singh was also present in the drawing room. He (complainant) entered the drawing room to carry the utensils. In the meantime, accused, who is also a resident of that area, entered the drawing room of his house. Accused was drunk and armed with a revolver. On reaching his house, accused asked his father to give him one kanal of land near the canal to install a tube-well. His father replied that he (accused) should not come to his home drunk, and, he did not want to talk to him, and, that he should send his father to settle the matter. However, accused got infuriated and fired a shot at the parietal region of his father, who was sitting on the cot. Accused fled with his revolver. He and Vijaypal got busy in looking after his father.