SANTOSH GOSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant criminal appeal is directed against the judgment of conviction dtd. 6/3/2006 and order of sentence dtd. 7/3/2006 passed by learned Additional Sessions Judge, FTC, Latehar in Sessions Case No. 147 of 2005, whereby and whereunder the appellant has been held guilty for the offence under Sec. 307/34 of the I.P.C. and Ss. 27/33 of the Arms Act and sentenced to undergo R.I. for 05 years along with fine of Rs.2,000.00 for the offence under Ss. 307/34 of the I.P.C. and R.I. of 02 years along with fine of Rs.2,000.00 for the offence under Ss. 27 / 35 of the Arms Act with default stipulation. Both the sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal, as depicted in the F.I.R., is that on 7/4/2005 at about 8:30 P.M. the informant, after closing his fair price shop, proceeded towards his home and when the informant was behind 50 steps of his home, the appellant along with other accused person intercepted him on the point of firearm and opened the firearm causing injury on his buttock. The informant raised alarm and ran towards his house, but the miscreants managed to fled away.