MAJORA HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment and order dated 16.9.1992 and 17.9.1992 respectively passed by the 4th Additional Sessions Judge, Singhbhum (West) at Chaibasa, in Sessions Trial No. 365 of 1990 whereby the appellant has been convicted under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act and accordingly sentenced to undergo rigorous imprisonment for life under Section 307/34 IPC and to undergo imprisonment for 7 years under Section 27 of the Arms Act. However, it was further directed that both the sentences would run concurrently.

(2.) Fact of the case, in a nutshell is that on 1.6.1989 at about 10.00 a.m. the informant Soma Biruli went to the house of Moyaka Samad of village Lokohato at about 10 a.m. to attend a feast hosted by Moika Samadh at his invitation. When he reached his house, he found that the food which was to be served in the feast was being cooked near his house and he went near his house where a Tamarind (Imli) tree was standing. When he was there, he found that scorching heat of the sun had compelled him to sit near the said three along with his cousin Biga Biruli. Thereupon the appellant and the other co-accused, four in number, came at the spot and the appellant pointed a pistol towards the informant Soma Biruli. PW1 and fired upon him. Consequently, the said fire hit him at his right arm and the right chest. Immediately thereafter; the co-accused Rajesh hurled bomb upon the informant due to which he sustained injuries on his right eye brow. The said bomb was kept by co-accused Rajesh in his bag. The noise of the firing alarmed the people living nearby, who reached at the spot and saw that all the miscreants had left the scene of the occurrence by that time. It is also stated by the prosecution that several persons had seen the occurrence. Due to horror and fear of firearms, persons who reached at the spot did not dare to nab the appellant and other accused at the spot and they were allowed to go scot-free. The said incident occurred at about 1.00 p.m and the injured informant PW1 was taken to hospital immediately after the incident and he gave his statement as fard beyan in the Chaibasa Civil Hospital at about 4.15 p.m. to the investigating officer. The investigating officer immediately registered a case against the appellant and the other co-accused which culminated into charge sheet against the appellant and the other co-accused persons.

(3.) After submitting the charge sheet, the learned Judicial Magistrate, 1st Class, at Chaibasa took cognizance of the offence and committed the case to the court of sessions as it was exclusively triable by the court of sessions.