PAPU ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Pappu Ansari was indicted of committing offences under Section 307 IPC and Section 27 of the Arms Act for being put on trial on Sessions Trial No.227 of 1999 by the learned 7th Additional District & Sessions Judge, Bhagalpur. The judgment was delivered by that Court on 23rd May of 2002 and the appellant was convicted of committing both the offences he had been charged with. After being heard on sentence on 01.06.2002, the appellant was directed to suffer rigorous imprisonment for seven years due to being found guilty of committing an offence under Section 307 IPC, but no separate sentence was passed upon the appellant for his conviction under Section 27 of the Arms Act. The appellant has appealed to this Court against the impugned judgment and order of sentence.

(2.) THE prosecution case is contained in fardbeyan (Ext - 1) of P.W.4 Jabir Ansari, the informant of the case. It was stated in it that the informant was going to get some components of his power loom welded and when he had reached at Murgiachak Chowk, he found this appellant Pappu Ansari standing there. No sooner the appellant had seen the informant, he started hurling abuses upon him and accused him of putting the spanner in his activities of Rangdari of extortion of money and further warned the informant by pointing out his antecedents of having committed murder and also about his expertise in making bombs of dire consequences. The informant protested to the utterances of the appellant upon which, he pulled out a pistol from his waist band and fired a shot with intention to kill the informant which incidentally hit him on his left upper arm, as a result of which the informant was injured.

(3.) IT was P.W.6 Ajit Kumar, an officer posted in Nathnagar police station, who had come to the place of occurrence, i.e., Murgiachak Chowk after having been informed telephonically that the incident of firing was going on at the above Chowk, after having made entry in the station diary about the information which had been given to him. On arrival, he found that the informant Md. Jabir Ansari (P.W.4) was lying injured there and, as such, he recorded the fardbeyan of the informant which was duly signed by many persons, like, Md. Amad Ansari, Rahman and Usman as witnesses to the recording of the document. He, thereafter, sent the injured P.W.3 for treatment to the doctor. He inspected the place of occurrence also and recorded the details thereof. While investigating the case, he learnt that the appellant had been arrested by people and, as such, he went there and took the appellant into his custody. After recording the statements of the informant and other persons and on account of being transferred from the police station, he handed over the charge of investigation to Ram Lakhan Pandit (P.W.5) who after concluding the investigation, submitted chargesheet for trial of the appellant.