LALTU SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals arising out of the same impugnedjudgment were heard together and are being disposed of by this common judgment.These appeals are directed against the judgment of convictionand order of sentence passed by Additional Sessions Judge-cum-FTC, Seraikella in Sessions Trial No.75 of 2004 whereby andwhereunder the appellants Sushen Kaibarta and Sumanto Tanti onbeing found guilty for an offence under sections 395 and 397 of the lndian Penal Code and also under section 27 of the Arms Act were sentenced to under gorigorous imprisonment for ten years and seven years respectively for the offence under sections 395 and397 of the Indian Penal Code. They were also sentenced to payfine of Rs.1000/- Further they were sentenced to under gorigorous imprisonment for three years and to pay a fine of Rs.1000/- for anoffence under section 27 of the Arms Act and in default to undergosimple imprisonment for five months. Both the sentences were2ordered to run concurrently whereas other appellants, namely,Laltu Sardar, Gandhi Modi and Mano Sardar on being found guiltyfor an offence under section 395 of the Indian Penal Code weresentenced to undergo rigorous imprisonment for ten years and topay fine of Rs.1000/-.

(2.) The case of the prosecution is that on 27.2.2004 while the informant Jhari Lal Soni (P.W.2) was returning his house from StniMarket along with his brother Ravindra Nath Soni (P.W.3) on a Motor Cycle driven by his brother and reached at about 9.15 p.m.near Krishnapur Nala, they were accosted by five persons in theway. Of them, two were holding firearms, who asked them to stopbut Ravindra Nath Soni (P.W.3) instead of stopping accelerated thespeed of the Motor Cycle but in the meantime, one of them firedshot which hit on the wrist of the left hand of Ravindra Nath Soni(P.W.3), as a result of which they fell down from the Motor Cycleand then again tried to flee from there but at the same time another miscreant fired shot which hit on the left hand of RavindraNath Soni (P.W.3). In spite of that, they fled towards village by raising alarm.

(3.) On hearing alarm, villagers by the time came over there the miscreants fled away by taking the Motor Cycle. When the villagers assembled, they rushed in the same direction in which accused persons had fled and after going to some distance, they found the Motor Cycle lying behind the bush which was recovered. Thereafter the injured Ravindra Nath Soni (P.W.3) was taken to Seraikella Sub- Divisional Hospital where Officer-in-Charge ofSeraikella Police Station came at about 1 a.m. in the night and recorded Fardbeyan (Ext.1) of Jhari Lal Soni (P.W.2) wherein hestated that he could identify two miscreants, namely, SumantoTanti and Mano Sardar. Upon which a case was registered and the investigartion was taken by Narayan Das (P.W.8), who received 3information at about 2.45 a.m. while coming to the place of occurrence that miscreants have assembled in the house of ManoSardar,