RAM CHANDRA OJHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction, dated 20.01.2004 and order of sentence, dated 21.01.2004, passed by Additional Sessions Judge, Fast Track Court- III, Garhwa, in Sessions Trial No. 400 of 1995, whereby the appellants have been convicted for offence committed and punishable under Sections 307 and 341 of the Indian Penal Code but have been acquitted from the charge under Sections 506 of the Indian Penal Code and 27 of the Arms Act. The learned Trial Court has awarded rigorous imprisonment for seven years under Section 307 of the Indian Penal code and simple imprisonment for one month under Section 341 of the Indian Penal Code to both the appellants. All the sentences are directed to run concurrently. The period already undergone in custody during trial will be set off under Section 428 Cr.P.C.

(2.) The prosecution case is based upon the fardbeyan of Parmod Kumar Ojha (P.W. 3) recorded by A.S.I. Gopal Singh of Kandi outpost, on 28.11.1994 at 9.00 A.M., at State dispensary, Kandi. The informant has alleged yesterday, on 27.11.1994 (Sunday) at around 9.30 A.M., when the informant came out of his house to go to his 'khalihaan', he saw that Kaushalya Devi, wife of Ramchandra Ojha was taking away a bundle of paddy from the 'khalihaan' of the informant. The informant stopped her and snatched the bundle of paddy from the hand of Kaushalya Devi and kept it in his 'khalihaan'. In the meantime, Ramchandra Ojha, the husband of Kaushalya Devi, came there and started abusing the informant by saying, that the paddy belongs to him, due to which altercation took place and thereafter, the informant came to his door. After some time Kamlesh Kumar Ojha, son of Ramchandra Ojha came with a gun and shot the informant from a distance of 30 metres, out of which two pillets have hit the informant near the left eye and left ear, due to which the informant fell down. In the meantime, Achyutanand Dubey and Babu Dubey came there and intervened into the matter. It is alleged, that Kamlesh Kumar Ojha, on instigation by his father, has fired upon the informant with intention to kill him. Thereafter, the incident was heard by the elder brother of the informant, who brought him for treatment at Kandi Primary Health Centre, where, the informant is under treatment.

(3.) On the basis of the fardbeyan of the informant, the police has registered Majhiaon P.S. Case No. 58 of 1994, dated 29.11.1994, under Sections 341, 323, 506, 307/34 of the Indian Penal Code and 27 of the Arms Act, consequent to G.R. No. 642 of 1994.