Kailash Prasad Deo, J. - (1.) The instant Criminal Appeal has been preferred against judgment of conviction dated 18.11.2003 and order of sentence, dated 20.11.2003, passed by learned Additional Judicial Commissioner, Fast Track Court No. 10, Ranchi, in Sessions Trial No. 338/02/ Trial Register No. 256/03, whereby two appellants above named have been convicted by the learned Trial Court for offence punishable under Sections 307/34, 323, 324, 450 of the Indian Penal Code and Sections 27/35 of the Arms Act and awarded rigorous imprisonment for four years for offence under Sections 307/34 of the Indian Penal Code each, three years rigorous imprisonment for offence under Section 450 of the Indian Penal Code each, two years rigorous imprisonment for offence under Sections 27/35 of the Arms Act each. The appellant No. 1 Bimal Oraon has been convicted for offence committed under Section 323 of the Indian Penal Code and awarded further sentence for one year rigorous imprisonment for the offence committed under Section 323 of the Indian Penal Code and (appellant no. 2) Kunwar Baraik has been convicted for offence committed under Section 324 of the Indian Penal Code and awarded further sentence of two years rigorous imprisonment for offence committed under Section 324 of the Indian Penal Code and all the sentences are directed to run concurrently.
(2.) The prosecution case is based upon the fardbeyan of Surendra Mahto (P.W. 3) recorded by S.I. Ramanuj Singh of Namkum Police Station, where informant has alleged, that on 04.11.2001 at around 7.00 pm, he was sitting in his shop, when suddenly three persons entered from northern direction and out of three persons, he could identify one person, who is a co-villager, appellant no. 2 Kunwar Baraik and two other persons were not known to the informant. It is further stated that one of the accused-appellant fired upon the informant but that has missed. Subsequently he was assaulted by 'butt' on the nose causing injury. Kunwar Baraik (appellant no. 2) has assaulted the informant by chhura (knife) first on the left side of the chest and second on the right palm. On brawl raised by the informant, his younger brother, Narendra Mahto came and he caught hold of the person, who was having pistol. In the scuffle, the co-villager, Manoj Mahto, Arun Mahto, Bhola Munda, Yaddu Baraik, Sunder Baraik and others have also supported in overpowering the accused person. The accused, who was caught along with the country made pistol having cartridge disclosed his name as Bimal Uron (appellant no. 1) and the accused, who fled away along with the bomb like object, his name has been disclosed by the accused apprehended as Sukra Baraik the third accused was having chhura, is a covillager of the informant, Kunwar Baraik. Said apprehended accused, Bimal Uraon has disclosed that they were called by Kunwar Baraik for killing the informant but he was caught. The reason behind the occurrence as alleged by the informant is, that he has taken a land on lease at Namkum, Tupudana road for constructing a house and for that Kunwar Baraik (appellant no. 2) was asking a rangdari tax and because of non-payment of the same, and Kunwar Baraik has constructed a jhopdi adjacent to his house in the north. The informant has further alleged that Kunwar Baraik (appellant no. 2) having criminal behaviour and was also in custody and has been released on bail one month ago in a murder case. The informant has claimed that his co-villager Kunwar Baraik (appellant no. 2) with intention to kill has called two persons with country made pistol and have assaulted him, causing injury by chhura and the accused Bimal Uraon (appellant no. 1) has been caught by the villagers along with country made loaded pistol and has been handed over to the police. The informant has further stated that Bimal Uraon (appellant no. 1) has also sustained some injury during scuffle.
(3.) On the basis of the fardbeyan, police instituted Namkum P.S. Case No. 170/2001 dated 04.11.2001, under Sections 323, 324, 307, 450, 34 of the Indian Penal Code and 25 (1-b) A/27 of the Arms Act and 3/4 of Explosive Substance Act. After investigation the police submitted charge sheet vide charge sheet no. 153 of 2001 dated 27.12.2001 under Sections 386, 324, 307, 450 of the Indian Penal Code and 25 (1-b), 26, 27, 35 of the Arms Act but no charge sheet has been submitted under the Explosive Substances Act against Bimal Uraon and Kunwar Baraik.;