AMBIKA PANDEY Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted under Section 397/34, I.P.C. and has been sentenced thereunder to undergo R.I. for 7 years. He has also been held guilty under Section 25 of the Arms Act and has been sentenced thereunder to undergo R.I. for one year. The above mentioned sentences have been ordered to run concurrently.

(2.) THE prosecution case, in short, is that the appellant along with 7 or 8 other persons, being armed with deadly weapons such as pistols and knives, committed dacoity in the house of P.W. 3, and in course of committing the said offence the appellant with his pistol opened fire and inflicted injuries on P.W. 2, the son of P.W. 3. On the allegation stated above the appellant and three others only were put on trial for charges under Section 397/34 I.P.C. and the appellant and another person since acquitted were also charged under Section 25 of the Arms Act. Five other persons who allegedly associated themselves with the said four persons in the commission of the said crime, according to the prosecution, absconded and were not available for trial along with the four persons charged and tried as stated above. The trial Court acquitted three of the four accused persons and convicted only the appellant as stated above.

(3.) THE appellant has taken the plea that apart from his employment in Telco, Jamshedpur he was also doing business in milk powder and that P.W. 1 was connected with him in the same trade and in that connection he (P.W. 1) owed Rs. 1400/ - to the appellant. On the date of occurrence the appellant came to collect his above dues from P.W. 1, but P.Ws. 1 and 2, with a view to evade payment of the aforesaid dues of the appellant, got him drunk and assaulted him, and thereafter they falsely accused him of dacoity.