SARJU RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal appeal is directed against the Judgment of conviction and Order of sentence dated 15.02.2003, passed by the learned 3rd Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 244/94, arising out of Manatu P.S. Case No. 70/93, corresponding to G.R. Case No. 1484/93, whereby and where under, both the appellants have been convicted for the offence under Sections 326 and 307/34 IPC and sentenced concurrently for offence under sections 326 and 307/34 of IPC both to undergo RI for a period of six years and to pay a fine of Rs.1000/- each and in default of making payment of fine, the convicts shall have to undergo imprisonment for a further period of one year.

(3.) Prosecution case in brief as per the fardbeyan of the informant Deo Narayan Ram PW-10 is that informant on 26.10.1993 in the evening he was returning from Manatu Market from the shop of Ashok Kumar Agrawal(PW-8) after listening the radio news as usual. At about 7:45 p.m. when he reached on road near mahua tree at about 500 yard east of market he saw two accused persons (appellants herein) standing there. On seeing them the informant said them - they were here? The informant proceeded but in the meantime accused Basudeo Mahto fired from his pistol from behind causing injury on the back left side of his head. The informant asked the accused persons reason for such attack and tried to snatch the pistol from the hand of Basudeo Mahto. In the meantime, accused Sarju Ram took the pistol in his hand and fired another shot upon the informant causing injury near right shoulder and splinters caused hurt to his right side of temporal region, cheek and chest. Thereafter, injured informant fell down on the ground and raised alarm. On hearing alarm, witness Mahendra Ram(PW-7), Birendra Sao(PW-5), Birjoo Bhuian(PW-4) and many other persons from came Manatu Bazaar side and rushed towards the place of occurrence then accused persons fled away towards east. Villagers and nearby persons took informant to the hospital for treatment and in the hospital his fardbeyan was recorded. It is further stated in the fardbeyan that the accused Sarju Ram during the lifetime of his first wife married with another woman and was trying to get rid of his first wife imputing wrong allegations on her.Informant had advised the accused Sarju Ram to keep both of his wives and hence accused Sarju Ram doubted that the informant was the person who had been instigating his first wife and for this reason accused Sarju Ram with accused Basudeo Mahto shot him from the gun.