Anil Kumar Choudhary, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) The appellant has preferred this appeal against the Judgment of conviction dated 24.01.2006 and Order of Sentence dated 27.01.2006 passed by the 3rd Additional Sessions Judge, Fast Track Court, Dumka in Sessions Case No.27 of 2005 whereby and whereunder the appellant has been found guilty and convicted for the offence punishable under Section 307 of the Indian Penal Code and has been sentenced to undergo imprisonment for seven years. He has also been found guilty for the offence punishable under Section 27 of Arms Act for which he has been sentenced to undergo imprisonment for three years and it has been ordered that both the sentences shall run concurrently.
(3.) The case of the prosecution in brief as per the fardbeyan of the informant Masudan Sah that on 29.08.2004 at about 7:00 a.m. when the informant was at the door of his house, the appellant-accused Amar Sah along with co-accused persons came and abused him. The informant objected to the same and asked the accused persons to go to the police station upon which the appellant-accused Amar Sah took out a pistol and fired at the informant with an intention to kill. The pellet hit on the head of the informant and broke his teeth. When the informant tried to flee away, the appellant fired a second round which hit the informant on his chest. The informant fell down and the appellant-accused fled away. On the basis of this fardbeyan, police registered Saraiyahat P.S. Case No.117 of 2004 corresponding to G.R. No.847 of 2004 and took up the investigation of the case. After investigation, the police submitted the charge-sheet in the case for the offence punishable under Section 307/324/326/34 of the Indian Penal Code.;