ASHUTOSH KUMAR,J. - (1.) Heard the learned counsels for the appellant and the State.
(2.) The appellant, Pappu Pandit @ Pappu Kumar Pandit @ Pappu Kumar, has been convicted under Sections 399 and 402 of the Indian Penal Code as well as Section 25(1-B)(a) of the Arms Act and has been sentenced to undergo R.I. for five years, to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo simple imprisonment for two months for each of the counts, viz. Section 399 and 402 of the Indian Penal Code. For the offence under Section 25(1-B)(a) of the Arms Act, the appellant has been directed to undergo R.I. for three years, to pay a fine of Rs. 1,000/- and in default of payment of fine, to further suffer simple imprisonment for two months. The sentences have been directed to run concurrently.
(3.) Anil Nath Chopra (PW 1) lodged a self-statement alleging that on 15.05.2006, at about 9:30 am, Sri Kant Mandal (PW4), S.H.O. of Barari Police Station had received an information that 5 to 6 miscreants have assembled in the Zila School ground and are planning to commit dacoity. On such communication by PW4 to PW1, a team was constituted and the Zila School ground was raided. Around 8 to 10 people were found to be sitting beneath a tamarind tree. At the instance of PW 4, one person was caught hold of, from whose possession, one pistol was recovered. The other miscreants began to run away, but on chase, two of them were caught. One of the fleeing accused persons shot at the police party and PW 4 is also stated to have fired from his service weapon in defence. The shot fired by PW 4 hit one of the miscreants in his leg and he too was arrested thereafter. The other accused persons managed to flee away.;