AKHTER ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arbind Kumar Sinha, the learned counsel for the appellant, Mrs. Suchitra Pandey, the learned Amicus Curiae and Mr. S.K. Srivastava, the learned APP.

(2.) The present criminal appeal is preferred against the judgment of conviction dtd. 17/4/2010 and the order of sentence dtd. 20/4/2010, passed by the learned Additional District and Sessions Judge, FTC-III, Daltonganj, Palamau in Sessions Case No. 301 of 2003, whereby and whereunder, the appellant was convicted under Sec. 307 of the Indian Penal Code and under Sec. 27 of the Arms Act. The appellant was sentenced to undergo RI for six years and a fine of Rs.2000.00 under sec. 307 of the Indian Penal Code and sentenced to undergo RI for two years under Sec. 27 of the Arms Act. In default of payment of fine two months SI was awarded and both the sentences were directed to run concurrently.

(3.) The case of the prosecution, in brief, as per the fardbeyan dtd. 21/12/2001 of the informant PW-1 Ali Hasan Ansari, is that on 20/12/2001 at 7:00 O'clock in the evening, informant along with his wife Sahida (PW-3) was sitting near stove and informant's wife as cooking food. Suddenly appellant Akhter Ansari armed with gun came and fired from the gun. The pellet of the bullet hit the finger of the informant's hand, arm and chin and he came out raising alarm. Informant saw Akhter Ansari, Asgar Ansari, Idris Ansari and Riyasat Hussain, all of them fleeing away. Informant further stated that on halla, his brother Ibrar Ansari and villagers Hafiz Mian (PW-5), Dildar Mian (PW-6), Jumman Ansari (PW-7) and Zafar Ansari (PW-8) came there. After the incident, the informant, along with the villagers went to Sarpanch Tahir Hussain (PW-10), who told him to inform at the police station. Informant stated that the incident occurred due to dispute over the grazing of the field by the cattle.