GURUCHARAN MUKHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 7.5.2003, passed by learned Additional District Judge (Fast Track Court) Seraikella in S.T. No. 356 of 1997, whereby and whereunder, the learned court-below convicted the appellant under Sections 307 of the Indian Penal Code and 27 of the Arms Act and sentenced the appellant to undergo R.I. for seven years under Section 307 of the Indian Penal Code and three years under Section 27 of the Arms Act. Both sentences were ordered to run concurrently.

(2.) The prosecution case as per fardbeyan (Ext.4) of PW-3, Budheshwar Mukhi is that on 20.05.1995 at about 6.00 p.m. his brother Atang Mukhi, PW-2, was at his house along with other family members. In the meantime, the accused Gurucharan Mukhi, who is his brother-in-law, came there. His brother Atang Mukhi said to the accused why he had come there as he had already quarreled with him in the Company. Then the accused threatened to kill him and then accused started quarreling with his brother Atang. Scuffle took place and then the accused took out the pistol from his waist and fired on the victim Atang causing injuries to him. He took his brother for treatment to TMH where he was operated.

(3.) On the basis of the fardbeyan of the informant, PW-3, Budheshwar Mukhi, Adityapur P.S. Case No. 88/95 was registered under Sections 341/323/448/307 of the Indian Penal Code and under Section 27 of the Arms Act. After investigation, police submitted charge-sheet. Cognizance was taken and the case was committed to the court of sessions.