HORIL MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has been convicted and sentenced to R.I for life and fine of Rs.10,000/- under section 307 I.P.C, R.I for 7 years and fine of Rs.10,000/- under section 387 I.P.C and R.I for 3 years under section 27 of the Arms Act.

(2.) On 03.02.2010, the informant suffered fire-arm injury at the hands of the appellant and he was taken to Hari Devi Referral Hospital, Godda for treatment. There he gave his fard beyan to the officer-in-charge, P.S-Thakurgangti at about 12:00 noon the same day. On the basis of his fard beyan, Meharma (Thakurgangti) P.S Case No.6 of 2010 was registered against the appellant under section 307, 387 and 452 I.P.C and under section 27 of the Arms Act. Subsequently, vide order dated 9.02.2010 the offence under section 353 I.P.C was added in the report. On conclusion of the investigation a charge-sheet was filed against the appellant and he has faced the trial on the charge under sections 307 and 387 I.P.C and section 27 of the Arms Act.

(3.) During the trial the prosecution has examined 10 witnesses out of which P.W 1, P.W 2, P.W 3, P.W 4, P.W 5 and P.W 8 who is the informant are the eye-witnesses. The injured informant was examined by Dr. Manoj Kumar Jha-P.W 6 and Dr. Subhash Chandra Sharma-P.W 9. Archana Mishra is wife of the informant and though she is not an eye-witness her evidence corroborates the testimony of her husband on material aspects.