D.P. Singh, J. - (1.) THIS appeal is directed against the judgment of conviction and sentence dated 6.12.2000 passed in Sessions Trial No. 140 of 1999, whereby and whereunder the learned 3rd Assistant Sessions Judge, Jamshedpur held all the appellants guilty under Sections 307/34 IPC and convicted and sentenced them to undergo RI for ten years and to pay a fine of Rs. 2000/ - each and in default of payment, further undergo simple imprisonment of six months.
(2.) THE brief facts leading to this appeal are that in the evening of 29.4.1998 at about 4.30 PM, the informant Sinu Rao was getting the clothes pressed at the shop by Devendra Rajak @ Sethia, situated in Kadma, Jamshedpur, when the appellants arrived there on a scooter. It is further alleged that the appellants fired upon him but the bullet could not hit him. Thereafter the appellants fled away abusing him that all will meet the same fate. The informant reported the matter to Kadma police at about 6.30 PM naming these two appellants to have fired upon him, on the basis of which Kadma P.S. Case No. 49/98 was registered under Sections 307/34 IPC as well as Section 27 of the Arms Act. The police investigated the case an finally submitted charge sheet against the appellants under Sections 307/34 IPC. The case was committed for trial by the court of sessions. The learned lower court charged the appellants for the alleged offences on 26.5.99 and held both of them guilty of the offences under Sections 307/34 IPC and sentenced them to serve RI for ten years as well as to pay a fine of Rs. 2000/ - each and in default of payment to further undergo simple imprisonment for six months.
(3.) THE present appeal has been preferred on the ground that the learned lower court has relied upon the evidence of the informant and I.O. ignoring the fact that the eye witness of the occurrence did not support the allegations. It is further submitted that no corroborative evidence is available in the lower court records justifying the conviction.;