Kailash Prasad Deo, J. - (1.) Heard Mr. B. M. Tripathi, learned senior counsel for the appellant, and Mr. Rajesh Kumar Mishra, learned Additional Public Prosecutor for the State.
(2.) The instant Criminal appeal is directed against the judgment of conviction dated 22.12.2003 and order of sentence dated 23.12.2003, passed in S.T. No.85 of 1994 (arising out of Jagarnathpur P.S. Case No.186 of 1992 corresponding to G.R. No.3600 of 1992)) by the learned Addl. Judicial Commissioner (F.T.C. No.III), Ranchi, whereby both the appellants, Rajesh Kumar Sahu and Raghunath Sahu have been found guilty of the charge under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act and sentenced them to undergo rigorous imprisonment for 7 years and fine of Rs.1,000/- each for conviction under Section 307/34 of the Indian Penal Code and rigorous imprisonment for 3 years and a fine of Rs.1,000/- each for conviction under Section 27 of the Arms Act. Both the sentences are directed to run concurrently and in default of making payment of fine, as indicated above, the appellants shall further undergo rigorous imprisonment for six months and fine amount shall be payable to the victim, namely, Ram Dayal Sahu. The instant Criminal appeal has been preferred by both the appellants jointly. The Criminal appeal was admitted on 04.03.2004 by this Hon'ble Court, and sentence of appellant no.1, Rajesh Kumar Sahu has been suspended by granting him bail and subsequently, Raghunath Sahu (appellant no.2) was released by suspending his sentence and granting bail in terms of the order dated 18.08.2005. The matter is pending since then before this Hon'ble Court.
(3.) The prosecution case is based upon on the basis of the written statement of the informant, Ramdayal Sahu -P.W.1 (informant cum victim) of the case, recorded by A.S.I. N. Kumar of Doranda Police Station, at 11.30 p.m. on 1st October, 1992 at Mecon Hospital, Male ward. The informant has stated that on 1st October, 1992 at about 7.45 p.m., co-villagers, Raghunath Sahu and Suresh Sahu were quarreling. Upon hearing the same, he came out and asked them as to why they are quarreling. Raghunath Sahu said who is he to intervene in between them and in the meantime, Rajesh Sahu caught-hold him and assaulted him by fist. Upon which, Raghunath Sahu said, kill him. Subsequently, Raghunath Sahu took out revolver from the waist and fired upon him, due to which the informant sustained injury and thereafter he was brought to Mecon Hospital, Shyamli in a autorickshaw, where his treatment is going on. The informant has claimed that the appellants, Raghunath Sahu and Rajesh Kr. Sahu, with an intention to kill have fired upon him by revolver causing injury. On the basis of the aforesaid 'fardbeyan' of Ram Dayal Sahu, informant, the Police instituted First Information Report being Jagannathpur P.S. Case No.186 of 1992 (dated 02.10.1992) corresponding to G.R. No.3600 of 1992 under Sections 307 of the Indian Penal Code and under Section 27 of the Arms Act.;