D.P.SINGH, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29.10.2003 passed in Sessions Trial No. 602/1997, whereby and whereunder the learned 5th Additional Judicial Commissioner, FTC, Ranchi held the appellant guilty under Sections 307, 399, 402 IPC and 25(1 -B)/26 of the Arms Act and convicted and sentenced him under Section 307 to undergo RI for ten years, Sections 399 and 402 to undergo RI for seven years each and under Sections 25(1 -B)/26 to undergo RI for three years each. However, all the sentences were directed to run concurrently.
(2.) THE brief facts leading to this appeal are that in the evening of 11th February, 1997 the informant P.C. Sinha, S.I., Lower Bazar, P.S. Ranchi was on duty for checking long route buses starting from Khadgarha, Ranchi bus stand, when he received a confidential information that about 5 -6 criminals have assembled and making preparations to commit dacoity. It is further stated that on this information the informant along with some constables proceeded towards the place of occurrence, partly constructed house of Helen Hembram and found that all the criminals were sitting in the open Maidan and taking liquor. The informant ordered the police party to surround them, then criminals started firing upon the police party. The firing was returned by the police party and after this exchange of fire informant found one criminal lying with injury on the ground and this appellant was arrested on chase. According to the informant, the appellant disclosed that they have assembled there to commit dacoity and the dead criminal was Identified as Prabhat Verma. In the meantime many people assembled there and some arms lying alongwith dead body were recovered in presence of two witnesses. The appellant was also searched and one country made loaded pistol was recovered from his possession. The police further recovered partly filled bottle of English wine, another bottle of country made wine, some glasses and cigarette packets etc in presence of the witnesses and seizure lists were prepared. The informant recorded his own statement in his writing, on the basis of which Sadar Lower Bazar P.S. Case No. 14/1997 was registered under Sections 399, 402, 307 IPC along with Sections 25(1 -B)/26/35 of the Arms Act against two persons, the appellant and the deceased Prabhat Verma. The case was investigated and finally charge sheet was submitted against the appellant showing co -accused Prabhat Verma dead. The case was committed for trial by the court of sessions and the trial court framed charges against the appellant on 12.12.1997 under Sections 307/34 and 399, 402 IPC alongwith Sections 25(1 -B)/26 of the Arms Act. The trial court examined witnesses and finally came to the conclusion that the appellant was involved in the alleged offences and convicted and sentenced him as aforesaid.
(3.) THE present appeal has been preferred on the ground that the learned lower court has committed a mistake of fact and law. It is further submitted that the evidence available in the case record does not support the prosecution story. According to this memo of appeal, the seizure list witnesses have been declared hostile, the entire prosecution version that arms and other articles were seized by the police from the place of occurrence becomes doubtful. It is also asserted that the prosecution story itself is doubtful, as criminals may not sit in open Maidan and prepare to commit dacoity in the evening of 11.2.1997. It is also asserted that the identification of criminals in the light of candle is not possible. It is suggested that the police has committed murder of Prabhat Verma and the appellant being a witness of the occurrence has been implicated falsely in this case. According to this memo of appeal, all other witnesses being members of the raiding party should have been declared interested and reliance on their evidence is misconceived. It has also been highlighted that any confessional statement disclosing involvement of the appellant was made. It is also asserted that so -called recovered weapons were not produced before the trial court neither the blastic experts were examined to support the report that arms were effective and may have been used during the occurrence. The memo of appeal further criticizes the manner in which arms were kept in Malkhana. Accordingly, this has been asserted that the prosecution has failed to prove the prosecution version beyond reasonable doubts and the appellant is entitled to be acquitted of the charges. Learned Counsel further submitted that the period of sentences is excessive, which may be reduced.;