Ratnaker Bhengra,J. - (1.) The present appeal is directed against the judgment of conviction and order of sentence dated 10.02.2003 passed by Sri Bireshwar Jha, Praveer, 2nd Additional Sessions Judge, Fast Track Court, Jamtara in Sessions Case No. 101 of 2002/3 of 2002 arising out of Narayanpur P.S. Case No. 32 of 2002 whereby and where under the appellant has been convicted under section 25(1-B) of the Arms Act and sentenced to undergo R.I. for three years and appellant has been convicted under section 411 of the IPC and sentenced to undergo R.I. for two years. The sentences of imprisonment would run concurrently. The learned court below further orders to pay a fine of Rs. 500/- for the offence punishable under section 25 (1-B) of the Arms Act and in default of payment of fine, the appellant will undergo S.I. for three months.
(2.) The prosecution case in brief as per the information received by one Chetlal Singh in his Fardbayan recorded by S.I.M.M.P. Singh of Narayanpur Police Station on 23.05.2002 at 15.30 hours at Ghortaria is that on 23.05.2002 in the afternoon in his village he was sitting near a Bargad tree with 5 to 7 other persons. At around 11.00 A.M., his Aunty who was the wife of Late Jagdish Singh informed him that for the last one week, three persons have been coming on red motorcycle to the Palash Jungle and have been beaconing the women to come to them and that those three persons have again come on the motorcycle near Ghortaria Palash Jungle and sitting there. On receiving this information 5 to 7 persons, asked those three persons as to why they are sitting alone in the Jungle. In reply they said that they are resting to which he replied that if you want to rest then you can go beside the Road side or go to the village why are you resting in the silence of the Jungle. On hearing this, three persons starting abusing and said that go away, this will be better for you and do not you recognise Bakridwa. In between, he sent some persons to go to the village and within five minutes they raised alarm in the village on which many persons started moving towards the Jungle. On seeing the people coming, two of the persons took out one bomb each and third persons took out a pistol and threatened that if you follow us then we will kill you. He started fleeing in eastern direction and two persons started running in southernly direction. On this, he and some other villagers followed after the persons who had shown them the pistol. After being chased some distance, the accused person fired from the pistol which hurt him on the right foot and he became injured. He still followed the accused even after being hit or injured. Seeing the villagers following, the accused again fired and the villagers to protect themselves, surrounded the accused and some persons from the crowed started assaulting him due to which he was injured. He tried to save the accused persons and from him a country made pistol was also recovered with a wooden butt, on the opening of which an empty cartridge of brass was found. The injured persons was seriously injured and he was not in a position to tell his name and address and they took the injured persons towards Chainpur, on the way, he died. The persons who followed other two accused, informed that the other two accused persons were fleeing and they threw one bomb each, due to distance being maintained, no body was injured. After following them for sometime, other accused were apprehended by the villagers. On asking, they revealed the names as Bakrid Mian son of Late Bashir Mian and secondly Kutka @ Murla Mian son of Late Kolha Mian and they also informed them that deceased friend was Imtiyaz Mian. The Bakrid Mian was searched by the villagers, from his waist, iron country made pistol and two live cartridges were found. On searching Kutka Mian, an old torn bag was found in which an old Lungi and three country made bombs were found. Where the accused persons were resting, red coloured Kawasaki Aspire Motorcycle bearing Registration No. JH 10A 7938 was found. Regarding that motorcycle, Bakrid Mian informed them that Motorcycle is stolen which he and deceased Imtiyaz Mian and one friend of Imtiyaz had stolen from Mohanpur Baspool, Bindapathar Police Station. While, chasing, accused were injured. When they were going towards the police station to give information then the police from Narayanpur Police Station came, so he gave his statement to them. The incident is of around 11.30 A.M. to 12.30 P.M. He has said that from the apprehended accused Bakrid Mian, one pistol and two live bullet and from Kutka Mine, one bag with Lungi and three live bombs and from the deceased Imtiyaz, one loaded country made pistol and one red coloured motorcycle was recovered.
(3.) On the basis of aforesaid Fard Beyan , Narayanpur P.S. Case No. 32 of 2002 corresponding to G.R. Case No. 183 of 2002 was registered against two accused persons. After completing the investigation, police submitted charge sheet against the appellant under sections 307/34 and section 411 of the Indian Penal Code and also under section 25(1-B)a and 27 of the Arms Act. It appears that after the cognizance, the case was committed to the court of sessions.;