KUDRAT ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant has been directed against the impugned judgment and order dated 13.7.1998 passed in Sessions Trial No. 349 of 1997/Trial No. 10/ 1997 by Shri Anant Vijay Singh, 3rd Additional Judicial Commissioner, Ranchi whereby and whereunder both the appellants named above were found guilty for the offence punishable under Section 307/34 of the Indian Penal Code and they were convicted to undergo rigorous imprisonment for five years each under Section 307/34 of the Indian Penal Code. Appellant Kudrat Ansari was also found guilty under Section 25 (l}(b) of the Arms Act and he was convicted and sentenced to undergo RI for five years. Appellant Jainul Ansari was also found guilty under Section 27 of the Arms Act and he was convicted and sentenced to undergo RI for five years. However, both the sentences were ordered to run concurrently.

(2.) THE prosecution case - has arisen on the basis of the written report (Ext. 2) of PW 1, Rajendra Prasad, ASI Kanke PS lodged before the said Police Station on 23.3.1997 at 22.30 hours regarding the occurrence which is said to have taken place at 21.30 hours on that very day 2 1/2 kms. north of Jumar River Bridge on Kanke Pithoria Main Road within Kanke PS, District Ranchi and this case was instituted against the appellant by drawing of a formal FIR on that very day at 22.30 hours. The formal FIR and the written report was received on 25.3.1997 in the Court empowered to take cognizance.

(3.) THE appellant has pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely roped in this case by the police.