IN THE HIGHCOURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR CRIMINAL APPEAL No.9034 OF 2023 BETWEEN:-

BUNTY BHADORIA, S/O SHRI SHYAM SINGH BHADORIA AGE 28 YEARS, R/O KANCH MILL BIRLA NAGAR, HAZIRA, DISTRICT GWALIOR .....APPELLANT (BY SHRI AKASH CHATURVEDI- ADVOCATE)

AND STATE OF MADHYA PRADESH THROUGH POLICE STATION PADAV DISTRICT GWALIOR MADHYA TEH S PRADESH .....RESPONDENT (SHRI KULDEEP SINGH- PUBLIC PROECUTOR FOR RESPONDENT/STATE)

(SHRI VISHANT SINGH KAURRAV- ADVOCATE FOR THE COMPLAINANT)

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Reserved on : 04.03.2024 Pronounced on : 14.03.2024 ----------------------------------------------------------------------------------------

This appeal having been heard and reserved for judgment, coming on for pronouncement this day, Justice Sanjeev S Kalgaonkar pronounced the following

JUDGEMENT

Present appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment of conviction and order of sentence dated 06.05.2023 passed by learned XVII Additional Sessions Judge, District Gwalior (M.P.) in ST No.218/2018 whereby, appellant has been convicted for the offence punishable under Sections 307 and sentenced to undergo Five years RI with fine of Rs.5000/-, U/s 25(1-B) (A) of the Arms Act and sentenced to undergo Three years RI with fine of Rs.3000/-, U/s 27(1) of the Arms Act and sentenced to undergo RI for three years with fine of Rs.3000/- and U/s 506 Part 2 of IPC and sentenced to undergo RI for Two years with fine of Rs.3,000/- with default stipulation.

As per the case of prosecution, Anurag Bhadoriya (PW-1) reported to Police Station Padav that on 27.01.2018 around 18:45 in the evening, he was chatting with his friend Spidy Tomar near Bhartiya Vidhya Mandir School, Tansen Nagar Road, Gwalior. Bunty Bhadoriya, Gaurav and his associates came there on Avenger motorcycle. All the accused started abusing him in filthy language. Bunty Bhadoriya with intention to kill him, fired with country-made gun, bullet went pass, his left chest brushing it. He sustained injury on right hand by burn of gun powder. After threatening to kill him, the accused fled away. Police station registered FIR at Crime No.50 of 2018 for offence punishable under Sections 294, 307 and 506 of IPC. Anurag Bhadoriya was forwarded for medico legal examination. One abrasion and one contusion was found on left side of chest and 9cm away from left nipple, multiple radish black dotted spots were found on his left hand and on dorsal aspect. One Avenger motorcycle, country-made gun of 315 bore were recovered at the instance of Bunty Bhadoriya. The Additional District Magistrate granted sanction for prosecution for offence punishable under the Arms Act. On completion of investigation, final report was submitted. Learned trial Court framed charge for offence punishable under Sections 294, 307 and 506 of IPC and Sections 25 (1)(b)(a) and 27 of Arms Act against accused Bunty Bhadoriya and Sections 294, 307 read with Section 34 and 506 of IPC against accused Gaurav Soni. Further, charge under Section 25(1)(b)(a) of Arms Act was framed against accused Prathviraj. On completion of investigation, the accused were found guilty and sentenced as mentioned above.

During the course of appeal, it transpired that dispute between the parties has been amicably settled and application I.A.Nos.1951 of 2024 U/s 320(5) of Cr.P.C and 2018 of 2024 U/s 320 of Cr.P.C for permission to compromise in the matter have been moved by the complainant and appellant with their affidavits.

This Court vide order dated 01.02.2024, had directed the parties to appear before the Principal Registrar of this Court for verification of factum of compromise. The Principal Registrar has submitted his report on 07.02.2024 and verified the factum of compromise.

Learned counsel for the appellant relied on the order of Coordinate Bench dated 11.10.2023 passed in Criminal Appeal No.4789 of 2