SHEIKH JAGO Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) The appellants along with one Sheikh Irfan were charged for the offence under Section 307/34 IPC and Section 27 of the Arms Act and by the impugned judgment dated 29-1-1999, the learned Sessions Judge, Godda in Sessions Trial No. 5/1998, convicted these appellants for the offence under Sections 307/34 IPC and Section 27 of the Arms Act and sentenced them to undergo R.I. for a period of 10 years each for the offence under Section 307/34 IPC and R.I. for a period of 3 years each for the offence under Section 27 of the Arms Act.

(2.) In short the prosecution case is that in the night between 28th and 29th of August 1997, the informant (PW-1), his son Nairn (PW-3) and his grand son Md. Farooq Alam (PW-2) were sleeping in their 'Basa'. At about 12.15 a.m. in the night, these three appellants and the other co-accused Sheikh Irfan (since acquitted) came there and then it is said that the appellant No. 1 Jago shot at the informant by a fire arms causing injuries on his chest. It is further stated that appellant No. 2 Sheikh Abli fired a shot from his pistol at Nairn, the son of the informant causing injuries on his stomach and the appellant No. 3 Sheikh Abbas exploded a bomb, which hit chauki. According to the informant the motive behind the occurrence was the land dispute between the parties. The informant and these appellants are closely related to each other.

(3.) In order to establish the charge, altogether seven witnesses were examined on behalf of the prosecution. Out of them PW-1 Sheikh Jabbar is the informant and also the victim. PW-2 is Farooq Alam the grand son of the informant and PW-3 Md. Nairn Is the son of the informant and they all are the eyewitnesses to the occurrence. PW-4 is Sheikh Hubli, who has simply stated that PW -1 and PW-3 were injured. PW-5 is the Doctor, who examined the injuries on the persons of PW-1 and PW-3. PW-6 is Sheikh Rajjak, who was also stated that he saw the injuries on the persons of PW-1 and PW-3. PW-7 is the Investigating Officer.