SHIEKH SIDDIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. J.P. Jha, learned Senior Counsel for the appellants and Ms. Nehala Sharmin, learned Spl.P.P. for the State.

(2.) Both the criminal appeals preferred by the appellants for setting aside the judgment of conviction dtd. 26/7/2004 and order of sentence dtd. 31/7/2004 passed by learned Additional Sessions Judge-III, Rajmahal in Sessions Case No. 76/02 / Sessions Trial No. 262/02, whereby and whereunder, appellants Sheikh Siddik and Sheikh Muzim have been held guilty for the offence under Sec. 307/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years with default stipulation. While appellant Sk. Oaster has been held guilty for the offence under Sec. 307 of the I.P.C. and under Sec. 27 of the Arms Act and has been sentenced to undergo R.I. for 10 years with default stipulation and R.I. for three years for the offence under Sec. 27 of the Arms Act.

(3.) The factual matrix giving rise to this appeal as per fardbeyan of one Mahavir Pandey is that on 1/11/2000, at about 8:30 PM, he had gone with Chat Prasad to the house of Firoz Driver (P.W.-16), while he was returning to his home at about 21:20 hours at night and reached near Crusher of Chirania, meanwhile, he was surrounded by Sk. Siddik and Sk. Mujim and one Sk. Oaster, who told him as to why his father has given evidence against him in the case of Jagdish Mandal and saying this Sk. Oaster fired upon the informant from a country made pistol causing injury on his chest, due to which, he fell down. It is alleged that one Om Prakash Pandey (P.W.-5) Vidya Sagar Pandey and others also arrived at the place of occurrence, then informant was brought to Sadar Hospital, Sahibganj for treatment and he disclosed the above incident to the above witnesses. It is further alleged that Sk. Oaster has threatened the informant on earlier occasion also and today attempted to kill him.