- (1.) THIS appeal has been preferred by the appellant against the impugned judgment of conviction and order of sentence dated 7.2.2000 passed by the learned 5th Additional Judicial Commissioner, Ranchi in S.T. No. 674 of 1994 whereby the appellant has been convicted under Section 302 I.P. C. and Section 27 of the Arms Act. The appellant was sentenced to undergo life imprisonment for the offence under Section 302 I.P.C. and for the period of three years for the offence under Section 27 of the Arms Act.
(2.) THE prosecution was launched on the basis of the fardbeyan of Shaili Mathew, the wife of the deceased dated 22.7.1994. The prosecution case, in brief, is that in the intervening night of 21/22.7.1994 at about 12 'O' clock, the accused Mathu Kumar Sao @ Mathua came to the house of Manoj Kumar Sahu in the Railway Colony near Railway Gumti No. 4, Hatia and called Manoj Kr. Sahu to open the door. Manoj replied, it was dead night and did not open the door. The accused, thereafter, threatened and asked to open the door. Manoj, thereafter, opened the door and came out. No sooner Manoj came out, the accused allegedly fired pistol at Manoj causing him serious injury in the left eye and cheek. Mother and sister of the deceased also came out. Mother of Manoj chased the accused but he could not be caught. Manoj Kr. Sahu died due to injuries on the spot. The reason as stated by the informant was that on previous day, in the evening, there was some altercation between Manoj Kumar Sahu and the accused. The informant claimed that the occurrence was witnessed by the informant and Urmila, sister of the deceased in the light of the lantern.
(3.) ON the basis of said fardbeyan, the police registered a case against the accused appellant under Section 302 of the I.P.C. and Section 27 of the Arms Act and after conclusion of investigation the police submitted the charge -sheet.;