MD FIRDOS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar the learned counsel for the appellant and Mr.Arun Kr.Pandey, learned A.P.P for the State.

(2.) The present Cr. Appeal is directed against the Judgment of conviction and order of sentence dated 7.4.2010 passed by the Sessions Judge,Godda, in S.C No. 102 of 2009 whereby the learned Trial court convicted the appellant under section 307 of the Indian Penal Code and sentence him to suffer rigorous imprisonment for a period of four years and to pay a fine of Rs. 3,000/-, in default to undergo simple imprisonment for two months for the offence punishable under section 307 of the Indian Penal Code. The learned court below further ordered that the period, if any, he has undergone in custody during trial be set off.

(3.) The prosecution case in short is that on 23.6.2007 at about 7 p.m when the informant Anand Kumar @ Guddu was sitting in the ticket counter at Godda Bus stand of his brother Rakesh Kumar, the accused Md Firdos, Md Mahatab and Md Tarjan arrived from the south. They were accompanied by 20-25 persons and were leading them. The accused persons directed the informant and his brother not to work as agent for bus at Godda Bus stand and further directed that as they were the local persons, they would work at the Bus stand. They came near the informant and directed that he was the person and said "Maaro" at this, Firdos (appellant) with an intention to murder put the pistol on the temple of the informant. When the informant tried to remove the pistol, Firdos fired a shot of which the right hand of the informant was injured. At this, the brother of the informant Rakesh Kumar and and their other associates of the Bus stand came there, Mahtab fired a shot at the brother of the informant with an intention to kill him. On hearing the hue and cry others accused also came running. Thereafter, the accused persons fled towards Asanbani.