KEDAR PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Instant appeal has been filed by the appellant Kedar Pandit against the judgment of conviction dated 21.07.2015 and order of sentence dated 22.07.2015 passed by Sixth Additional District and Sessions Judge, Banka in Sesssions Trial No. 351 of 2005/Trial No. 476 of 2015 (arising out of Amarpur P.S. Case No. 265 of 2002) convicting the appellant for an offence punishable under Sections 307, 353, 332 of the IPC, 25(1-B) a, 26, 27 of the Arms Act and directing to undergo R.I. for ten years for offence under Section 307 of the IPC, R.I. for one year for offence under Section 353 of the IPC, R.I. for 2 years for offence under Section 332 of the IPC, R.I. for two years for offence punishable under Section 25(1-B) a, of the Arms Act, to pay fine of Rs. 2,000/-, R.I. for one year for an offence punishable under Section 26 Arms Act and to pay fine of Rs. 2,000/- and R.I. for five years for offence under Section 27 Arms Act. The appellant further has been sentenced for six months S.I. in default of payment of fine. The sentences have been ordered to run concurrently.

(2.) Pw.4, Parsuram Prasad, S.I. Amarpur P.S., Banka, has recorded his own fardbeyan on 17.12002 at about 00 pm disclosing therein, that on the same day Awadhesh Kumar S.I., Raj Kishore Prasad S.I., Ram Prasad Pandit Constable, Surendra Marandi, Gopal Pandit, Shivaji Yadav and driver Pancha Nand Darvej came at Amarpur P.S. and disclosed that they have got confidential information with regard to assemblage of anti-social elements at the house of Kedar Pandit, and are planing to commit an offence. After sanaha entry, they all proceeded along with S.I. Jagat Kishore Prasad, Hawaldar Subodh Kumar Choudhary, Constable Rajesh Kumar Choudhary, Manoj Kumar, Amrit Kumar Rai and reached at the house of the Kedar Pandit at 4 a.m. Then, thereafter, they surrounded the house and began to search the house of Kedar Pandit in presence of two independent witnesses, Bhola Pandit and Thakur Pandit. Then, it has been asserted that Kedar Pandit began to fire from his pistol from roof at his house causing injury over the person of Chaukidar, Amrit Kumar Rai. The police party took position and further, directed Kedar Pandit to surrender as the house is surrounded by the police personnel in order to search his house who without taking any positive response, continued to fire and then, taking benefit of darkness, he along with his Samadhi Mithu Pandit escaped from there, after throwing pistol as well as cartridges over the road. During the course of search, they have lifted the fire-arm, cartridge, for that, prepared seizure list.

(3.) After registration of Amarpur P.S. Case No. 265 of 2002, investigation commenced and concluded the same by way of filing charge-sheet, facilitating the trial, meeting with ultimate result, subject matter of the instant appeal.