LALAN MISKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sections 307/34, 332/34 of the Indian Penal Code and also under Section 25 (1) (A) and 26 of the Arms Act and to undergo rigorous imprisonment for seven years under Section 307/ 34 IPC three years Rl under Section 332/34 IPC and seven years Rl under Section 25(1 )(A) Arms Act and seven years Rl under Section 26 of the Arms Act. However, sentence were directed out run concurrently.

(2.) The prosecution Case, in short, is that on 20-5-1982 the informant, Niraj Kumar Sinha, officer-in-charge of P.S. Bhagawan Bazar along with other police man were on patrolling duty on Jeep No. BHD 9331 and when they reached at Mohalla-Shyam Chak Naykatola near the house of Sheonath Sah he heard a sound of firing. The patrolling party proceeded forward and in the head light of jeep saw two dacoits, both armed, with country made gun, near a Palm tree in the east of the house of Sheonath Sah. The dacoits challenged and threatened to open fire and also directed to stop the jeep. Thereafter, the jeep was stopped and one police man came down from the jeep. The dacoits opened fire which caused injury to Paras Nath Singh, constable. The police also opened fire out of which one dacoits became injured at the place of occurrence and he fell down and other dacoits fled away. The dacoit, who fell down disclosed the name of Lalan Market and from his possession the police recovered one country made pistol and some live cartridges and other cartridges were also found in his Pheta of lungi. A leather hand bag containing 25 live cartridges was also recovered from the possession of the appellant at the place of occurrence. The seizure list was prepared. It has been stated that the another country made gun was also recovered, as thrown in the Bathan of Ram Janam. Thereafter, the fardbeyan of the informant was recorded and on the basis of which an FIR was registered. After completion of investigation chargesheet was submitted against the appellant. Cognizance was taken and the case was committed to the Court of sessions where trial concluded with the result as above. The appellant pleaded not guilty.

(3.) The prosecution, in support of its case, examined altogether seven witnesses. P.W. 1 is Dr. Bishnu Kant Gupta, who has examined the injured Paras Nath Singh, constable at 8.45 p.m. on 20-5-1982, P.W. 2 is Shankar Hazara, a constable, a member of the patrolling party, P.W. 3 is Raj Ballam Sah, a formal witness who proved Ext. 2, the sanction order, P.W. 4 is Sheonath Sah, who is witness of seizure list, P.W. 5 is Pradeep Kr. Gupta, son of P.W. 4, P.W. 6 is Seargent Major Chandradeo Chaudhary and P.W. 7 is Paras Nath Singh, the injured constable. Defence also examined two witnessed on its behalf,