- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 22.01.2002 passed by Shri B.Z. Ansari, Additional District and Sessions Judge, Lohardaga in Sessions Trial No. 145 of 1989, by which judgment, he found the accused guilty for the offence under Sections 307/326 of the Indian Penal Code and also under Section 25 (1 -A)(i) of the Arms Act. He convicted the appellant and sentenced him to undergo rigorous imprisonment for three years and also to pay a fine of Rs.500/ -. He also found the appellant guilty for the offence under Section 25 (1 -A)(i) and taking lenient view passed the sentence to undergo rigorous imprisonment for two years, both the sentences were directed to run concurrently.
(2.) THE Prosecution case was started on the basis of a fardbeyan lodged on 27.05.1987 at 7 P.M. given by Durga Tana Bhagat, P.W.5 stating therein that on 27.05.1987 at about 12 noon fourteen animals (cows and buffaloes) entered the vegetable field of Jhirga Oraon. He cordoned the animals and drove them outside the river. After that on about 3.30 P.M. in the afternoon, the accused Chhunnu Mian @ Abdul Rub came to the field of Jhirga Oraon and started rebuking as to why he assaulted his animals with ˜danda' and they started fighting with each other. Whereupon, the informant went to the field and ask Chhunnu Mian @ Abdul Rub not to get involved in fight and hot exchange, then Chhunnu Mian @ Abdul Rub brought up a ˜desi pistal' and said that he would kill him and he (the informant) wanted to catch hold of the pistal, then Chhunnu Mian @ Abdul Rub fired on him in order to commit his murder causing injury on his left palm. The bullet went from one side to other side from his palm. On hulla, co -villagers Maru Oraon, Ranthu Tana Bhagat, Dukha Oraon and others came to the place of occurrence and snatched the ˜desi pistal' from the hand of the accused and some other villagers took the accused Chhunnu Mian @ Abdul Rub to their house. Then, he came to police station along with ˜desi pistal' and empty cartridge and gave the F.I.R. On the basis of the said fardbeyan, police registered a case under Sections 307/34 of the Indian Penal Code read with Section 25 (1 - A)(i) of the Arms Act and after investigation police submitted a charge sheet against the accused Chhunnu Mian @ Abdul Rub under the aforesaid sections.
(3.) SINCE , the case was exclusively triable by the court of Sessions, learned magistrate after taking cognizance, committed the case to the Court of Sessions for trial and lastly the case was tried by the Sessions Judge, Lohardaga and the appellant was found guilty and convicted and sentenced him as aforesaid.;