(1.) Heard Ms. Madhulika Dasgupta with Mr. D. K. Karmkar, learned counsel for the appellant and Mr. Vikash Kishore, learned Addl. Public Prosecutor appearing for the State.
(2.) The instant Criminal appeal is directed against the Judgment of conviction dated 27.09.2003 and order of sentence dated 29.09.2003, passed by the learned Addl. Sessions Judge, Fast Track Court No.V, Chaibasa, in S.T. No.299 of 2001/S.T.R. No.6 of 2003, whereby the sole appellant, Markando Pingua Munda has been convicted for the offence punishable under Section 307 I.P.C. and 27 of the Arms Act and has been awarded rigorous imprisonment for a period of five years for the offence punishable under Section 307 I.P.C. and rigorous imprisonment for three years for the offence punishable under section 27 of the Arms Act and both the sentences are directed to run concurrently. The period already undergone in course of trial, shall be set off against the sentence awarded.
(3.) The prosecution case is based upon the 'fardbeyan' of informant, Shubnath Sinku (P.W.7) recorded by Sub Inspector of Police, Ram Pujan Singh of Hatgamharia Police Station, on 22.08.2001 at 23 hours, at the door of the informant in Village Kendposhi, where the informant has stated that at around 8 p.m., he went to attend the call of the nature behind his house. While he was returning, one person was coming. The informant asked that who is he, by flashing his torch on him, he identified the person as Markando Pingua, S/o Jogen Pingua Munda, Resident of Village P. Jhumpara, District Keonjhar, Orissa, who was tying a 'gamcha' on his head to conceal his face, but the informant has identified him. Without replying to the informant, the said accused having pistol in his hand, fired upon the informant, which hit on the left temple, near the ear causing bleeding injury. The informant tried to caught-hold the accused, but the accused fled away. In that process, he sustained injury on his left arm. The informant has stated, that somehow, he came towards his house. In the meantime, his son, Jambira Sinku (P.W.3) and other family members after hearing the sound of firing along with neighbour, Rasika Sinku and others came and they brought him to the house and thereafter information was given to the Police Station. The informant has disclosed that reason for occurrence is that he has some land and house in Orissa at Pathvilla and land of the accused, Markando Pingua is also there. Therefore, there is land dispute, for which a 'Panchayati' was also convened. The accused, Markando Pingua is in one group and the informant is in another group, for that there is a quarrel. The informant has stated, that he and his son, Mukesh Sinku are residing in Pathvilla and accused, Markando Pingua had earlier given threatening of dire consequences. Some days ago, in 'Hero' festival, the accused also came to the village Kendposi and while celebration was going on, at that place also, he has shown country-made pistol to his son, Jambira Sinku. The informant has stated, that the father of the accused, Markando Pingua has solemnized two marriages. One house of the father of accused is at Balandia, where first wife along with son, Dilip Sinku and others are residing. The informant has stated that he has not seen any other person with the accused, Markando Pingua. The informant has claimed that the accused, Markando Pingua, because of the land dispute, has tried to kill him by firing and causing injury. The said accused, Markando Pingua is man of criminal character . On the basis of the written report of the informant, the Police instituted First Information Report being Jhinkpani P.S. Case No.41 of 2001 dated 23.08.2001 corresponding to G.R. No.343 of 2001 under Section 307 of the Indian Penal Code and section 27 of the Arms Act.