PRADEEP KUMAR,J. - (1.) HEARD the learned counsel for the appellants and learned counsel for the state.
(2.) THE instant appeal is directed against the judgment of conviction and order of sentence dated 11-7-2005 passed by Sri B. K. Sinha, 8th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 74 of 2003 by which judgment appellant has been convicted u/S. 307 of the I.P.C and sentenced to undergo R.I. for 10 years. It is submitted by learned counsel for the appellant that it is a case of single shot injury caused to the injured-informant, P.W.5, Indardeo Mahto. He has also disclosed no cause of the occurrence because there was no fight between them. Injured has stated that the accused-appellant asked him for khaini when he was going back to his house after easing and after some distance, the accused fired upon him. Hence, there was no intention on the part of the accused to cause the death of the injured, since one shot injury was caused. Since, the appellant, who had no intention to cause the death of the informant is in jail custody for more than 5 years, so lenient view may be taken.
(3.) ON the other hand, learned counsel for the state has opposed the prayer and submitted that appellant intentionally fired upon the informant without any provocation and as such, he is rightly been convicted.;