SURENDRA SINGH RAUTELA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Lukesh Kumar, Advocate and learned counsel for the State, Mr. Krishna Shankar, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dtd. 28/1/2004, passed by learned Additional Judicial Commissioner, Fast Track Court, Ranchi, in Sessions Trial No. 636 of 1997 / T. R. No.661 of 2003, whereby, the sole appellant has been convicted for the offence committed and punishable under Sec. 307 of the Indian Penal Code and 27 of the Arms Act and awarded Rigorous Imprisonment for five years for the offence committed and punishable under Sec. 307 of the Indian Penal Code and Rigorous Imprisonment for three years for the offence committed and punishable under Sec. 27 of the Arms Act with fine of Rs.1000.00 and in default of payment of fine to further to undergo imprisonment for three months.

(3.) The prosecution case, is based upon, fardbeyan of the informant, Prem Verma (P.W.7), recorded by Pradeep Kumar, Sub-Inspector of police, Kotwali Police Station, Ranchi, on 2/2/1997 at 11.30 hrs., wherein, the informant has alleged, that today, in the morning he went to his shop, Richu Traders, situated at Harmu Road, Ranchi. It is alleged that when he reached his shop, his staffs namely, Pappu Verma and Naresh Verma were cleaning the shop. The informant stayed at the road of his shop and was talking with photographer Jawed jee. It is alleged that at about 10.45 A.M., one LML Vespa scooter, green in colour came from the side of Ratu Road and stopped near the shop of informant, from which one person got down and opened fire on the informant. It is further alleged that when the accused person opened fire, informant fled away to save his life and in due course second firing was made, due to panic, both the staffs of the shop also fled away. In the meantime accused person, who had opened fire, fled away riding on the scooter, towards Harmu. It is also alleged that, there was no number plate in the scooter. The informant has disclosed that all the accused persons were young and one of accused person having stengun in his hand, aged about 32 years, concealed his face by scarf(muffler), second accused person, who was driving the scooter, worn monkey cap and the third accused person was having revolver in his hand, was tall. Third firing was made at distance of 100-150 yards from the shop, but none of the firing has caused any injury to any person, rather firing has caused a hole in the pan of the beam-balance and also a scratch marked upon another pan of the beam-balance and a hole in the cement bag, kept in the shop. The informant has further stated that he has no enmity with any person nor there is any reason as to why the accused persons were trying to kill him.