MANOJ KUMAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Abhishek Kumar Geasen, assisted by Mr. Anil Kumar Sinha, Advocates and learned counsel for the State, Mr. Gouri Shankar Prasad, learned Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction dtd. 22/7/2004 and order of sentence dtd. 24/7/2004, passed by learned Additional Judicial Commissioner, Fast Track Court-VIIIth, Ranchi, in Sessions Trial No. 466 of 2003 / Trial No.138 of 2003, whereby the sole appellant has been convicted for offence committed and punishable under Ss. 307/149, 324/149 and 147 of the Indian Penal Code and awarded rigorous imprisonment for seven years with a fine of Rs.2000.00, in case of default in payment of fine, to undergo further rigorous imprisonment for three months for the offence committed and punishable under Sec. 307/149 of the Indian Penal Code, rigorous imprisonment for two years for the offence committed and punishable under Sec. 324/149 of the Indian Penal Code and awarded rigorous imprisonment for one year for the offence committed and punishable under Sec. 147 of the Indian Penal Code and all the sentences are directed to run concurrently.

(3.) The prosecution case is based upon the fardbeyan of Pradeep Kumar (P.W.-1), recorded by Sub-inspector of Police, Ganesh Prasad of Chutia police station at Gurunanak Hospital, Bed No.101 on 17/2/2003 at 9:30 A.M., wherein the informant has stated, that on 16/2/2003 at around 6:30 P.M. the informant was present at his S.T.D., Booth. In the meantime, a green maruti car came in front of S.T.D. booth of the informant and 8 to 10 persons got down from the maruti car and out of them 2-3 persons namely, Manoj Pandey, Rajesh Kumar and Shekhar, all resident of powerhouse Chutia, entered into the S.T.D. booth of the informant and demanded a sum of Rs.10,000.00, which was refused by the informant, because of which, all of them started, assaulting the informant with intention to kill. The informant has further alleged, that he has sustained some injuries and in order to save his life, he came out of his booth and started fleeing towards Railway Colony. While the informant was fleeing away, he heard some gunshot fired and he also slipped and fell down thereafter the followers of Manoj Pandey, who were standing there, assaulted him badly with sword and knife, causing severe injury, due to which the informant became unconscious. On hearing brawl, several persons came there and Sukhdeo Prasad and Narayan Prasad tried to pacify the parties and took the informant to Sewa Sadan for treatment. The informant could not say about the detail of weapon, in possessions of accused persons. The informant has further alleged that the earning of S.T.D. booth approximately 2500/-, a golden chain and a wrist watch, have been taken away by the accused persons. The informant has claimed, that the occurrence took place because, in the same evening at 05:00 P.M., one person namely, Bablu was standing in front of his medical shop and he was also assaulted by the accused persons and when the informant went there for his rescue, accused persons have also assaulted the informant and threatened him with dire consequences.