MOHD SALAUDDIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The appellant has preferred this appeal being aggrieved by the Judgment of conviction dtd. 8/2/2006 and Order of Sentence dtd. 13/2/2006 passed by learned Additional Sessions Judge, Fast Track CourtII, Deoghar in Sessions Case No.37 of 2005 whereby and where under the appellant has been convicted for having committed offence punishable under Sec. 307 of the Indian Penal Code and Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for seven years and fine of Rs.5,000.00 with default clause for the offence punishable under Sec. 307 of the Indian Penal Code and for the offence punishable under Sec. 27 of the Arms Act, the appellant has been sentenced to undergo rigorous imprisonment for three years..

(3.) The case of the prosecution as unfolded in the fardbeyan of the informant in brief is that the informant is the wife of the appellantaccused. About twelve days before 29/12/2004 when her fardbeyan was recorded by police on a Friday at 8.00 pm, when the informant was about to go to sleep in her house, the appellant-accused being the husband of the informant, came to house being armed with a pistol and told that he will kill the informant. The appellant-accused thereafter, fired at the informant from the pistol causing injury on her cheek just below her right eye. After sustaining the gun-shot injury, the informant fell down and became unconscious. She regained sense after one day. She was unable to see with both her eyes. The appellant-accused took her by hiding from the village and got her treated. After 3-4 days, she was unable to see anything with her right eye but she was able to see with her left eye. Three days prior to lodging of the F.I.R., the appellant-accused brought the informant to their house. The father of the informant came to the house of the informant one day before the lodging of the F.I.R. The informant disclosed the occurrence to her father and on being accompanied by her father she went to the police station and got her statement recorded.