SADHU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant criminal appeal is directed against the judgment of conviction of the appellant under Section 307 of the Indian Penal Code and under Section 27 of the Arms Act recorded by Shri Ganga Dhar Bhagat, Additional Sessions Judge, F.T.C. III, Jamshedpur in S.T. No. 304/93, arising out of Sidhgora P.S. Case No. 88/93, by which he was sentenced to undergo rigorous imprisonment for ten years under Section 307 of the Indian Penal Code but no sentence was inflicted for his conviction under Section 27 of the Arms Act.

(2.) Prosecution story in short was that the statement of the informant Dasrath Singh was recorded by Bistupur police on 11.7.1993 at about 10:30 a.m. at bed No. 24, Ward- 3A of the Tata Main Hospital, Jamshedpur, who narrated that on the previous day i.e. on 10.7.1993 at about 7:30 p.m. while he was returning from the house of his friend Gopaljee, situated at Panchwati Road, he found the appellant Sadhu Singh standing on the road. When the informant crossed ahead of the appellant Sadhu Singh on way to his home, the informant alleged that Sadhu Singh came from his behind and pointed a pistol almost by touching his back. The informant immediately though wanted to ward off, but Sadhu Singh fired shot from the pistol causing bleeding injuries in his right arm. He then started running towards his house by shouting "Bachao Bachao" as Sadhu Singh had been chasing him. However, on the alarm raised by him, when the neighbouring people as well as the members of his family came out, the appellant Sadhu Singh escaped by firing one another shot upon him which did not hit any one. He further stated that he was removed by his neighbouring friend Arbind, Mantu with the help of the members of his family to the Tata Main Hospital, Jamshedpur on auto-rickshaw where he was admitted and his treatment was going on. On the basis of his fardbeyan, Sidhgora P.S. Case No. 88/93 was registered on 11.7.1993 for the offence under Section 307 of the Indian Penal Code as also under. Section 27 of the Arms Act. Investigating Officer after investigation submitted charge-sheet against the appellant Sadhu Singh for the offence under Sections 307/326 of the Indian Penal Code as also under Section 27 of the Arms Act.

(3.) I find from the record that after framing of charge under Section 307 of the Indian Penal Code and under Section 27 of the Arms Act the appellant Sadhu Singh was put on trial. Prosecution had examined only five witnesses to substantiate the charge viz. P.W.-1 Dr. S.K. Bhatnagar who proved the injury report of the informant, P.W.-2 is the informant-victim Dasrath Singh, P.W.-3 Sanjeev Kumar Singh, P.W.-4 Arbind Kumar Ojha, who projected themselves to be the eye-witnesses of the occurrence, and P.W.-5 Uma Shankar Singh, who also claimed to be the eye witness. The Investigating Officer could not be examined on behalf of the prosecution.