MANOJ KUMAR DUBEY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the conviction and sentence passed on 21.01.2006 (sentence passed on 24.01.2006) by Shri Alok Kumar Dubey, learned Additional Sessions Judge, F.T.C. -II, Bokaro in connection with S.T. Case No. 251 of 2003 whereby and whereunder the appellant has been convicted for the offence under Sec. 307 of the Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for five years with fine of Rs. 1,000/ - and in default of payment of fine further rigorous imprisonment for two months.

(2.) A First Information Report was instituted on 24.04.2000 by Sailendra Kumar (P.W. -10) in which it was alleged that he was cooking in his residence in Quarter No. 1401, Sector IX/A on 20.04.2000 when someone knocked at his door. Assuming that his father might have come the informant opened the door at which Onkar Pandey, his cousin and one bearded boy of short height entered into the room and closed all the doors and windows and, thereafter, forced the informant on a cot. It is alleged that Onkar Pandey gave him several blows with the help of a dagger whereas the other two accused persons were holding him. It is alleged that when he snatched the dagger from Onkar Pandey the rest of the accused pulled out guns from their waist and shot him. The shot fired by the cousin of Onkar Pandey missed the target but the bearded boy had also shot which hit the chest of the informant. It is alleged that the informant somehow managed to jump from the balcony and thereafter went to the betel shop of Shibu and subsequently he was taken on a motorcycle to Bokaro General Hospital for treatment. The cause of the incident is alleged to be some altercation which had taken place between the accused and the informant on account of donation for Saraswati Pooja.

(3.) On the basis of the aforesaid allegation Harla P.S. Case No. 40 of 2000 was registered under Ss. 307, 326/34 of the Indian Penal Code and Sec. 27 of the Arms Act.