VISHNUDEO NARAIN, J. - (1.) THIS appeal at the instance of the appellant has been directed against the impugned judgment and order dated 13.7.1998 passed in Sessions Trial No. 349 of 1997/Trial No. 10/ 1997 by Shri Anant Vijay Singh, 3rd Additional Judicial Commissioner, Ranchi whereby and whereunder both the appellants named above were found guilty for the offence punishable under Section 307/34 of the Indian Penal Code and they were convicted to undergo rigorous imprisonment for five years each under Section 307/34 of the Indian Penal Code. Appellant Kudrat Ansari was also found guilty under Section 25 (l}(b) of the Arms Act and he was convicted and sentenced to undergo RI for five years. Appellant Jainul Ansari was also found guilty under Section 27 of the Arms Act and he was convicted and sentenced to undergo RI for five years. However, both the sentences were ordered to run concurrently.
(2.) THE prosecution case - has arisen on the basis of the written report (Ext. 2) of PW 1, Rajendra Prasad, ASI Kanke PS lodged before the said Police Station on 23.3.1997 at 22.30 hours regarding the occurrence which is said to have taken place at 21.30 hours on that very day 2 1/2 kms. north of Jumar River Bridge on Kanke Pithoria Main Road within Kanke PS, District Ranchi and this case was instituted against the appellant by drawing of a formal FIR on that very day at 22.30 hours. The formal FIR and the written report was received on 25.3.1997 in the Court empowered to take cognizance. The prosecution case, in brief, is that PW 1, Rajendra Prasad, ASI, the informant was on patrolling duty along with armed force consisting of PW 2, Ram Narain Manki, Havildar, PW 3, Satya Narain Ram, PW 4, Dub Raj Sundi besides Sanika Munda all constables on 23.3.1997 on the pre -evening of the Holi festival and in course of patrolling the informant along with the armed force came to the bridge of river Jumar at 21.30 hours and there is a deserted house by the side of the said bridge and he heard the whispers emanating from the said house and he challenged the persons who were in the house and at this two persons came out from the house and started fleeing away towards the said river and he along with the armed force followed them. It is alleged that one of them was armed with a country made pistol and in the course of fleeing away he fired at them but it did not cause any injury to them as the charge did not go off and in -spite of that the informant and the armed force continued to follow them raising alarms and in the meantime PW 7, Chandra Shekhar Mishra, O.C. Kanke PS came there from the opposite side along with constable Pulsit Mishra and they also chased them and one of the culprits fell down being dashed by a stone and sustained injury and he was caught by the informant and the armed force and his pistol was removed from his possession by them and the other culprit was also apprehended by PW 7, Chandra Shekhar Mishra along with constable Pulsit Mishra aforesaid. The prosecution case further is that in the meantime PW 6, Hare Ram Singh and PW 5, Ganesh Sharma came to the said bridge from the side of Pithoria and in their presence the aforesaid two apprehended persons disclosed their identity as appellant Kudrat Ansari and Jainul Ansari and their person was searched in their presence and one pistol loaded with 8 mm cartridge was recovered from the possession of appellant Kudrat Ansari and one dagger was recovered from the possession of appellant Jainul Ansari which was concealed under his full pant and a seizure list in respect thereof was prepared. It is also alleged that both the appellants were hiding themselves in the said deserted house with the intention to commit some serious offence and appellant Kudrat Ansari had fired on the members of the police force with intention to commit their murder.
(3.) THE appellant has pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely roped in this case by the police.;