- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 05.05.2007 and 07.05.2007 respectively passed by Addl. Sessions Judge (FTC), Koderma, in Sessions Trial No.71 of 2001, whereby and where under the court having found the appellant guilty for committing murder, convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life with a fine of Rs.15,000/- and in default of payment of fine, further directed to undergo R.I. for one year and further convicted him under Section 27 of the Arms Act, and sentenced to undergo RI for 7 years with a fine of Rs.5,000/- and in default of the payment of fine, directed to undergo R.I. for six months. Both the sentences were directed to run concurrently.
(2.) The case of the prosecution is that on 23.08.2000 at about 7 p.m. while the informant was returning home after performing 'Krishna Astami Pooja', she heard alarm raised by her husband-Birendra Mahto (deceased), who was saying Munshi Mahto (appellant) had opened fire at him and he was being followed by Munshi. The informant found bleeding injury on the person of her husband and he told that Munshi Mahto shot him at Tand and he was coming behind him. Thereafter the informant with her husband came inside the house and closed the door. In the meantime, Munshi Mahto (appellant) also reached to the place and hide behind the door. Later on, the informant at the request of her husband opened the door. No sooner, she opened the door, Munshi Mahto (appellant) suddenly emerged and forcibly entered inside the room and shot fire aiming on the chest of her husband (deceased). After receiving the shot, her husband fell down and became senseless. On receiving such information, Ashok Kumar Singh, Sub Inspector of Police, Koderma came and recorded 'fardbeyan' of the informant at sub-divisional Hospital, Koderma in which she narrated about the incident, as has been, stated above.
(3.) On the basis of aforesaid 'fardbeyan' Koderma P.S. Case No.304 of 2000 was registered for the offences punishable under Section 302 of Indian Penal Code as well as under Section 27 of the Arms Act, against the appellant.;