RATNAKER BHENGRA,J. - (1.) The present appeal is directed against the judgment of conviction and order of sentence dated 08.05.2003 passed by Sri Ganpati Tiwary, the learned Additional Sessions Judge, Fast Track Court No. I, Bokaro in Sessions Trial No. 258 of 1999 whereby and whereunder, appellant has been convicted for the offence under section 459 and 307 of the Indian Penal Code and 27 of the Arms Act and sentenced to under go R.I. for 5 years under section 459 of the IPC and undergo R.I. for 5 years under section 307 of the I.P.C. and further sentence of 1 year R.I. under section 27 of the Arms Act. All the sentences were ordered to run concurrently.
(2.) The prosecution case as stated in the fardbayan of Arjun Mahto son of Manger Mahto, village- Karharia, P.S.- Balidih, District-Bokaro recorded by S.I. N. Khan, Officer-in-Charge of Balidih Police Station on 09.08.1998 at Bokaro General Hospital is that the previous night , he was sleeping with his family including his children, in his house. At night around 12.30 a.m., his son Jagat Mahto suddenly started crying at which he awoke. On awaking, he saw that one thief had caught hold of the hand of his son by his hand and was trying to untie the ox from the house. At this, he assaulted the thief with stick at which the thief caught hold of his wife Shakuntala Devi and took her outside and fired shot at her and fled away. The bullet injured his wife on the left side of her chest. He has stated that he recognized the thief as Mahun Mahato, son of not known, resident of Kanharia but at the same time said that it seemed like him because there is land dispute continuing with him. The thief was not able to steel the ox and take it away. Before this also, the ox had been stolen three times. On making alarm, Gopal Mahto, Shankar Nayak, Bhola Nayak and others came and they were informed about the incident. With the help of one Babulal Nayak, his wife was taken on a tempo in the night itself to Bokaro General Hospital where she was admitted for treatment.
(3.) On the basis of the fardbayan of the informant , FIR was lodged under section 459, 380 and 307 of the Indian Penal Code and 27 of the Arms Act and after investigation, charge sheet was submitted.;