IMPORTANT POINT
Merely marking a document as exhibit is not said to be sufficient to prove charge beyond all shadow of doubt unless said document is to be proved so far as its contents is concerned but same is lacking in instant case.

JUDGMENT

Sujit Narayan Prasad, J.—The instant appeal, filed under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction and order of sentence dated 20.02.2014 passed by learned Additional Sessions Judge-I, Ghatshila in Sessions Case No. 125 of 2011 by which the appellant has been found guilty and convicted for the offence punishable under Sections 147, 148, 149, 353 324, 307 and 302/149 of the Indian Penal Code; under Section 25(1-b)a/26/27/35 of the Arms Act; under Section 3/4 of the Explosive Substance Act and under Section 17 of the Criminal Law Amendment Act; and sentenced for the offence under Section 302/149 of the Indian Penal Code to undergo rigorous imprisonment (RI) for life with hard labour with fine of Rs. 2000 (Two Thousand) and non-payment of fine he has to undergo Simple Imprisonment (SI) for six months; for the offence under Section 147 IPC he is sentenced for two years RI; for the offence under Section 148 IPC he is sentenced to undergo three years R.I; for the offence under Section 307/149 he is sentenced to RI for life with fine of Rs. 2000/-, non-payment of fine he has to undergo additional S.I. for six months; for the offence under Section 353/149 he is sentenced to undergo RI for two years; for the offence under Section 324/149 IPC he is sentenced RI for three years; for the offence under section 3 of Explosive Substance Act RI for life with fine of Rs. 2000, non-payment of fine he is directed to suffer six months additional SI; for the offence under Section 4 of the Explosive Substance Act he is sentenced RI for life with fine of Rs. 2000/- in default of payment of fine he is to undergo six months additional simple imprisonment; for the offence under Section 17 of the CLA Act he is sentenced to RI for three years; for offence under Section 25(1-a)35 of the Arms Act RI for seven years with fine of Rs. 2000((Two Thousand), non-payment of fine he will have to suffer six months additional simple imprisonment; for the offence under Section 25(1-b)/35 of the Arms Act he sentenced RI for seven years with fie of Rs. 2000/- (Two Thousand), non-payment of fine he will suffer six months additional simple imprisonment; for the offence under Section 26/35 of the Arms Act he is sentenced seven years RI with fine of Rs 2000, non-payment of fine he will suffer six months additional SI; for the offence under Section 27/35 of the Arms Act he is sentenced to RI for seven years with fine of Rs. 2000, non-payment of which he will suffer six months additional SI. All the sentenced were directed to run concurrently.

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case, as per fardbeyan of informant, which reads as under:

The informant-Indu Bhushan Kumar (P.W. 10) the Sub-Inspector of Police, Officer-in-Charge, Gurabandha Police Station, East Singhbhum, Jamshedpur has stated on 19.11.2009 at about 19.30 p.m. in his self-noted statement made at T.M.H. Hospital, Jamshedpur that on 19.11.2009 at about 14.00 hours he along with other police officials were returning from Shayamsundarpur Police Station to Gurabandha Police Station with anti-mine vehicle. At about 14.25 when the vehicle crossed the bridge made over Jhakhad Canal and reached the tree situated along the road, all of a sudden there was heavy explosion due to which the land-mine vehicle bounced off in air and after colliding with tree fallen on earth in damaged condition. There was dust all the sides and persons inside the vehicle sustained injury. The informant has further stated that he understood that they are in trap of mines planted by Extremists. He has further stated that before they could handle the situation, there was three-side firing from the mountain side situated in right side of road and voice was coming from that side that ‘you are under the trap of Ka