PANKAJ KUMAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Vikash Kumar, learned counsel for the appellant and Mr. Vishwanath Roy, learned Spl.P.P. as well Mr. Awanish Shekhar, learned counsel appearing for the informant.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 15/1/2019 passed by Shri Swarn Shanker Prasad, learned Judicial Commissioner-VII-cum-Special Judge, C.B.I. (AHD)-cum-Special Court (CAW), Ranchi, in Sessions Trial No. 420 of 2017/ T.R. No. 71 of 2017, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.10,000.00 and in default in payment of fine to undergo further simple imprisonment for three months.

(3.) The prosecution case arises out of the Fardbeyan of Shiv Brat Sahu recorded on 26/1/2017 wherein it has been stated that on the same day at 3.45 p.m. he was in his shop Krishi Kendra-cum-Anokhi Telecom along with his wife Basanti Devi when all of a sudden Pankaj Kumar Sahu (appellant) entered into his shop and started indiscriminate firing as a result of which he sustained two firearm injuries on his left hand and his wife was struck with 3-4 bullets on her abdomen. The accused thereafter fled away and in course of fleeing the brother of the informant, namely, Madhu Sahu was also fired upon, but he had a providential escape. The informant and his wife were taken to RIMS where their treatment is going on. The informant has claimed that Pankaj Kumar Sahu along with his accomplice Lalu @ Nitesh Gope under a conspiracy have repeatedly tried to commit the murder of the informant.