ISHWAR MAHTO @ ISHO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant was put on trial by the learned Additional Sessions Judge -VI, Begusarai after being indicted of committing offences under Sections 353 and 307 IPC in Sessions Trial No.175 of 1994 and by judgment of conviction dated 08.07.2002 was held guilty of committing the two offences. The appellant was heard under Section 235 Cr.P.C and was directed to pay a fine of Rs.1,000/ - for being convicted under Section 353. IPC, else to suffer rigorous imprisonment for 15 days. As regards the conviction of the appellant under Section 307 IPC, he was directed to suffer rigorous imprisonment for two years. The sentences were directed to run concurrently. The appellant has come up before this Court through the present appeal to challenge the correctness and appropriateness of the judgment of conviction and the order of sentence passed against him.

(2.) THE self statement of S.I. Shyama Kant Jha, who was the officer -in -charge of town police station, Begusarai on 29.06.1993 is the basis of the prosecution case. It was stated by the informant that he along with the investigating officer of the case, namely, S.I. Krishana Kumar with some constables had left the police station for doing patrolling duty and they had parked there gipsy by the road side near the eastern level crossing in Begusarai. The informant found that an Ambassador Car bearing registration no.DHA -4119 was coming from the east and it was occupied by three persons. The driver was signalled to stop the car, but he speeded away, as a result of which, the informant along with S.I. Krishna Kumar started chasing the car. His own gipsy was driven by Hawaldar Hare Krishna Yadav (P.W. 5). It was stated that when the driver of the police gipsy had attempted to over take the Ambassador Car, it was made to dangle on the road in such a way as if the driver was either intending to create a collusion against the police vehicle or he was not inclined to allow the police vehicle to bypass it. The Superintendent of Police, Begusarai also joined the race and on one such occasion when the police vehicle had chased down the car up to about 12. -13 kilometers P.W.5 Havildar Hare Krishna Yadav attempted to over take the Ambassador Car, the criminals started firing shots upon the police men which was retaliated by two shots being fired from his carbine by the personal guard of the Superintendent of Police, Begusarai. The criminals were frightened and scared and they, as such, put the vehicle on the down slide off the National High Way and after coming out of the vehicle started running away. Two succeeded in making their good escape, but this appellant was caught and arrested but he was not found bearing any incriminating article on his person.

(3.) IT was stated by the informant that on account of the shot fired by the criminals, two little girls, namely, Rani Kumari and Sarita Kumari, examined as P.Ws.3 and 4 respectively and who were the daughters of Ashok Bhagat and Ganga Bhagat respectively, were injured after having received gun shots.