BALBHADAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence dated 18/19.7.2002 recorded by Shri Alok Kumar Deuby, Additional Sessions Judge, F.T.C., Gumla in Sessions Trial No. 345 of 1995, arising out of Palkot P.S. Case No. 49 of 1994, corresponding to G.R. No. 478 of 1994.

(2.) The appellant No. 1 Balbhadar Sahu @ Bhadar was convicted under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years. He was further convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with the observation that both the sentences would run concurrently. The other appellants viz. Basant Sahu, Abhimanyu Sahu @ Munu Sahu, Balmiki Sahu, Anil Sahu and Jogi Kharia @ Xavier Dungdung were convicted under Sections 307/34 of the Indian Penal Code and each of them was sentenced to undergo imprisonment for three years. They were further convicted under Section 148 of the Indian Penal Code with the sentence of rigorous imprisonment for three years recorded against each of them. Both the sentences were directed to run concurrently.

(3.) The prosecution story in short, as it stands narrated by the complainant/informant Ledwa Singh, in Complaint Case No. 91 of 1994 presented before the Chief Judicial Magistrate, Gumla, was that on 18.7.1994 at about 11 O'clock, all the appellants including the co-accused Shivchand Pandit and Hari Munda came to village Bhusritoli variously armed with gun, pistol and challenged the witnesses and the complainant by commanding them to come out from their houses by extending threat that they would be shot dead. In the same sequence it was alleged that the appellant Balbhadar Sahu @ Bhadar started firing from the licensee gun of one Abhimanyu Sahu @ Munu Sahu, consequently the villagers left the village being scared of such firing and hide themselves in the orchard of Fagu Singh. It was alleged that the accused persons had been searching for Somra Singh and Kuyu Singh. However, the accused persons could see some witnesses hiding themselves in the orchard of Fagu Singh and consequently, it was alleged that the appellant Balbhadar Sahu @ Bhadar fired shot from the gun which caused injury in the right hand, back portion and right leg of the complainant/informant. The allegation was also of firing from the country made pistol but without injury to any one. Disclosing the genesis of the occurrence, the complainant narrated that a proceeding under Section 145 of the Code of Criminal Procedure was initiated between Somra Singh & Ors. V/s. Basant Sahu & Ors. Against such proceeding an appeal was preferred in the Court of Additional Sessions Judge. The occurrence was reported at the Police Station but since no action could be taken against the accused, the complainant filed the complaint before the Court in writing by putting his thumb impression at the bottom of the complaint petition. The complaint petition was referred to the police under Section 156(3) of the Code of Criminal Procedure by the C.J.M. to which Palkot P.S. Case No. 49 of 1994 was registered on 21.7.1994 for the alleged offence under Sections 147/148/ 323/324/ 307/452 of the Indian Penal Code as also under Section 27 of the Arms Act. The Investigating Officer after investigation submitted charge-sheet against all the eight accused persons for the alleged offence under Sections 147/148/323/ 324/307/452 of the Indian Penal Code as also under Section 27 of the Arms Act. It would be relevant to mention that in course of trial the case of the co-accused Shivchand Pandit was split up by declaring him absconder whereas the accused Hari Munda died.