BHUSHAN CHANDRA KUMBHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Abhishek Sinha, learned counsel appearing for the petitioner and Mr. Shekhar Sinha, learned A.P.P., for the State.

(2.) This application is directed against the judgment dated 22.12.2001 passed by the learned Sessions Judge, Seraikella in Criminal Appeal No. 11 of 1995 whereby and where under the judgment and order of conviction and sentence passed by the learned Assistant Sessions Judge, Seraikella on 09.03.1995 in S. T. No. 184 of 1988 convicting the petitioner for the offence punishable under Section 307 of the Indian Penal Code and Sections 25/35 of the Arms Act and sentencing him to undergo rigorous imprisonment for three years and four years respectively has been affirmed.

(3.) The prosecution story in brief is that the informant was working in Arvind Construction Company and the informant along with other persons had gone to take payment in the office of the Contractor. It is alleged that on 30.12.1985 the payment could not be made due to some wrong measurement of soil and the next date was fixed for making payment. It is alleged that the petitioner and one Peru Lohar reached the place of occurrence and started abusing them. The informant and other labourers chased the petitioner who had fired from his pistol but the same did not hit Khokhan Das who had also gone to receive the payment. It is alleged that on chase the accused persons entered into the house of Dhani Ram Mahli and locked it from inside. The police on informed being came and the petitioner surrendered before the police along with revolver.