ALOK KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court.

(2.) The prosecution case in brief is that on 18.05.1987, when the informant was sitting at a Garrage, due to dispute over tender of fishing, accused Pandey Lohar (since deceased) ordered accused Bhim Singh (since deceased) who fired at the informant with pistol hitting his shoulder. In the meantime, the appellant Alok Kumar Gupta also fired with his pistol, which hit two fingers of the right hand of the informant (PW 6). The accused persons fled away

(3.) Mr. B.M. Tripathy, learned senior counsel appearing for the appellant, submitted that so far as the injuries caused by this appellant on right hand fingers are concerned, PW 2-Dr.Sapan Kumar Paul said that there was partial amputation of index and mid finger. He referred the informant to another doctor-PW 3- Dr.D. Rai Choudhary who found bullet injury on the shoulder caused by Bhim Singh but so far as the injury said to have been caused by this appellant is concerned, he said that it was lacerated wound on right finger 1 /2" x 1/2" skin deep. He further said that Xray showed no bone injury but a radio open shaped shadow on the right hand appeared. The said injury was found to be simple. Thus, he submitted that there is nothing on record to show that the injuries on fingers said to have been caused by this appellant were caused by fire-arm. He further submitted that there is no allegation against the appellant that he fired on any vital part of the body of the injured or there was repetition and therefore it cannot be said that he had intention to kill the informant. The injury said to have been caused by this appellant was found to be simple and that too on the fingers of the informant. He lastly submitted that in any event, the appellant has remained in jail for about 16 months and he has suffered this case since 1987.