SANJAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In S.T. No.50 of 1998, Sanjay Singh and Pawan Singh were convicted vide judgment of conviction dtd. 15/7/2015 under Sec. 307/34, 353/34 of I.P.C and Sec. 27 of the Arms Act. They were sentenced vide order dtd. 21/7/2015 to undergo rigorous imprisonment for 10 years and a fine of Rs.10,000.00 each under Sec. 307 of the Indian Penal Code; rigorous imprisonment for 2 years under Sec. 353 of the Indian Penal Code and; rigorous imprisonment for 3 years and a fine of Rs.2,000.00 each under Sec. 27 of the Arms Act and in default of payment of fine to undergo additional six months imprisonment.

(2.) Topchanchi P.S. Case No.191 of 1994 was registered on the basis of the statement of Sub-Inspector Uday Prasad Singh who was the officer-in-charge of Topchanchi PS, alleging that on 12/10/1994 he received a wireless message that some miscreants armed with firearms are fleeing away on a white colour Gypsy after injuring local mukhiya Manindra Nath Mandal near Station Gate Saraidhela, Dhanbad. Accordingly, a message was flashed to every Police Station to put barriers for apprehending the Gypsy. At about 09:45 PM, the informant saw a similar looking Gypsy coming and tried to stop it but the miscreant fired on the police party. In response, the informant also fired from his official revolver in defence and then the miscreants started fleeing away. It was the occasion of Durga Puja and on that day several persons had gathered there. Four accused persons were arrested and they revealed their name as Rajeev Ranjan Singh, Sanjay Singh, Jainendra Singh and Pawan Singh. At the place of occurrence, two countrymade pistols with 2 live cartridges, empty cartridges of 12 bore and 0.315 bore were recovered. The accused persons did not produce the licence for carrying firearms and the explanation offered by them for possessing firearms was not satisfactory. Therefore, Topchanchi P.S. Case No.191 of 1994 was registered under Sec. 279, 353 and 307/34 of the Indian Penal Code and Sec. 25(1B), 26, 27 & 35 of the Arms Act.

(3.) The appellants faced the trial on the charge under Sec. 279, 353 and 307/34 of the Indian Penal Code and Sec. 25(1B), 26, 27 and 35 of the Arms Act.