GOENDA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction and sentence dated 17.10.2001 passed by Shrimati Shakuntala Sinha, Judicial Commissioner, Ranchi in Sessions Trial No. 399 of 1999, by which judgment she found the appellant guilty under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo R.I. for 5 years for the offence under Section 307 of the Indian Penal Code and R.I. for 3 years for the offence under Section 27 of the Arms Act. However, both the sentences were directed to run concurrently.

(2.) The prosecution case was started on the basis of a Fardbeyan given by the informant, Gandru Pahan (P.W.5) on 2.7.98 at 10.30 hrs. at Bero Police Station stating therein that in the last night at about 9.30 p.m. while he was going from his old house to his new house at village Saheda and as soon as he reached at a distance about 200 yards away from his house at Saheda he heard sound of firing and he received injuries on his left shoulder. He turned and saw the accused, Goenda Oraon along with one another with pistol and seeing him injured this accused and his companion fled away. The informant raised alarm, on which his cousin brothers. Kanuha Pahan and Kasi Pahan rushed and removed him to the house of Kanuha Pahan. As it had become night they could not take the injured to the Hospital. In the next morning, he was moved to Bero Govt. Hospital, where his treatment was done and subsequently he made statement to the police that they have got dispute with regard to Jamun Tree.

(3.) On the basis of the said F.I.R. the police registered a case under Sections 307/324/ 34 of the Indian Penal Code and 27 of the Arms Act and after investigation police submitted charge-sheet against the accused-appellant under the aforesaid Sections. Since Section 307 of the Indian Penal Code was exclusively triable by the Court of Session, the case was committed to the Court of Session where charges were framed under Section 307 of the Indian Penal Code and 27 of the Arms Act. The case was tried by Judicial Commissioner, Ranchi, who found the appellant guilty and sentenced him as aforesaid.