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1999 Supreme(MP) 892

S.K.KULSHRESTHA
Ravindra Prasad Verma – Appellant
Versus
State of M. P. – Respondent


Advocates:
Prabhakar Rusia for appellant; S.K. Rai for State.

JUDGMENT

The appellant has preferred this Appeal against his conviction under Section 307 of the Indian Penal Code and the sentence of 3 years' rigorous imprisonment awarded to him by the Judgment dated 27.01.1992 of the learned Additional Sessions Judge Manendragarh in Sessions Trial No. 330/1989.

2. The accused was tried for the said offence for having intentionally caused injuries to Santu @ Surendra Singh on 4.09.1998 by firing a shot at him from a revolver in circumstances that if Santu had died, he would have been guilty of murder. The prosecution case, in brief, was that on the said date at about 9.45 p.m. the complainant Santu @ Surendra Singh was in the company of his friend Narad (PW 1) where they were joined by Subhash Chandra Khanna (PW 5). It is alleged that while Santu was sawing the leg of the 'PAN THELA' of the accused with a hand saw the accused saw him from the roof of his house and started abusing him. Complainant Santu along with Narad and Subhash Khanna then came near the house of the accused and asked the accused not to abuse and if he wanted to fight with them he should come down. It is alleged that just then the accused fired a shot from country made weapon ca















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