SUKHENDU MUNDA Vs. STATE JHARKHAND

JUDGEMENT

(1.) The instant appeal, filed under Sec. 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction and order of sentence dtd. 20/2/2014 passed by learned Additional Sessions Judge-I, Ghatshila in Sessions Case No. 125 of 2011 by which the appellant has been found guilty and convicted for the offence punishable under Ss. 147, 148, 149, 353 324, 307 and 302/149 of the Indian Penal Code; under Sec. 25(1-b)a/26/27/35 of the Arms Act; under Sec. 3/4 of the Explosive Substance Act and under Sec. 17 of the Criminal Law Amendment Act; and sentenced for the offence under Sec. 302/149 of the Indian Penal Code to undergo rigorous imprisonment (RI) for life with hard labour with fine of Rs.2000.00 (Two Thousand) and non- payment of fine he has to undergo Simple Imprisonment (SI) for six months; for the offence under Sec. 147 IPC he is sentenced for two years RI; for the offence under Sec. 148 IPC he is sentenced to undergo three years R.I; for the offence under Sec. 307/149 he is sentenced to RI for life with fine of Rs.2000.00, non-payment of fine he has to undergo additional S.I. for six months; for the offence under Sec. 353/149 he is sentenced to undergo RI for two years; for the offence under Sec. 324/149 IPC he is sentenced RI for three years; for the offence under Sec. 3 of Explosive Substance Act RI for life with fine of Rs.2000,.00 non-payment of fine he is directed to suffer six months additional SI; for the offence under Sec. 4 of the Explosive Substance Act he is sentenced RI for life with fine of Rs.2000.00 in default of payment of fine he is to undergo six months additional simple imprisonment; for the offence under Sec. 17 of the CLA Act he is sentenced to RI for three years; for offence under Sec. 25(1-a)35 of the Arms Act RI for seven years with fine of Rs.2000.00((Two Thousand), non-payment of fine he will have to suffer six months additional simple imprisonment; for the offence under Sec. 25(1-b)/35 of the Arms Act he sentenced RI for seven years with fie of Rs.2000.00 (Two Thousand), non- payment of fine he will suffer six months additional simple imprisonment; for the offence under Sec. 26/35 of the Arms Act he is sentenced seven years RI with fine of Rs.2000,.00 non-payment of fine he will suffer six months additional SI; for the offence under Sec. 27/35 of the Arms Act he is sentenced to RI for seven years with fine of Rs.2000,.00 non-payment of which he will suffer six months additional SI. All the sentenced were directed to run concurrently.

(2.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case, as per fardbeyan of informant, which reads as under:

(3.) On the basis of fardbeyan of the informant, a formal F.I.R. was registered against the accused persons and the matter was investigated by the Investigating Officer, who after investigation submitted charge-sheet against the accused persons. Thereafter the cognizance of the offence was taken and the case was committed to the Court of Sessions wherefrom the case was received in the Court of learned Additional Sessions Judge-I, Ghatshila for trial and disposal.