JUDGEMENT :- The Criminal Appeal is directed against the judgment of his conviction dated 3-8-2006 and order of sentence passed by Shri R. B. Gupta, Addl. Sessions Judge, F.T.C., Latehar in Sessions Case No. 12 of 2006 whereby the appellant Baleshwar Yadav @ Shyamji was convicted under Sections 386, 307 and 323, I.P.C. and sentenced to undergo rigorous imprisonment for 10 years, 10 years and simple imprisonment for one year respectively and fines with default stipulation. He was further convicted under Section 25(1-B) a, 26 and 27, Arms Act and sentenced to undergo simple imprisonment for three years and fine of Rs. 2,000/-, rigorous imprisonment for 5 years and fine of Rs. 2,000/- and rigorous imprisonment for 3 years and fine of Rs. 2,000/-respectively with default stipulations of imprisonment. Finally he was convicted under Section 17 of the Criminal Law Amendment Act, 1908 and sentenced to undergo imprisonment for 3 years and fine with default stipulation. Sentences were directed by the trial court to run concurrently.

2. The prosecution story as it stands narrated in the written report ( Ext. 6) of the informant P.W. 9 Harish Kumar Pathak, S.I. of Police, Kuru Police Station ( Latehar District) addressed to the Officer-in-charge, Chandwa Police Station ( District Latehar) was that he received information from the Superintendent of Police, Lohardagga on 22-8-2005 in the wee hours at about 2 a.m. that the appellant Baleshwar Yadav, Zonal Commander of M.C.C. was staying at village Rajgurua and pursuant to such information, three raiding parties of police were organized on the command of the S.P., Lohardagga and the raiding parties arrived at village Rajgurua where the informant was communicated by the said S.P. that though Baleshwar Yadav alias Shyamji was staying there for some time but he proceeded to the house of the widow namely Parvati Devi at village Senha within Chandwa Police Station and accordingly he was directed to immediately conduct raid. The informant informed Chandwa Police Station on wireless by requesting to assist in the raid to be conducted for the arrest of the appellant and the raiding parties arrived at village Senha. On the command of the S.P., Lohardagga when the door of the suspected house was knocked, a woman came out and in the same transaction, a person attempted to escape from the back door of the house carrying a bag. When that person was challenged and asked to stop, he turned back and resorted fire from his pistol but misfired. The raiding party commanded him to surrender but the person again fired shot. Fires were exchanged by the raiding party including the informant in the air, only with a view to terrorize and after chase the appellant was apprehended and a pistol was recovered from his possession which contained two cartridges of 9 m.m. in the magazine i.e. one misfired and another fired cartridge. On search of the bag of the appellant, in presence of the witnesses, the informant narrated that Rs.1,00,000/- ( one lakh) in cash, letter pad of C.P.I. (M), receipt books, papers relating to transaction of levy, pomphlets and many other incriminating materials were recovered. The appellant confessed that he was the Zonal Commander of M.C.C. The pistol recovered from his possession was found made in Italy but without authority or licence of such possession. The appellant was arrested and seizure list of the articles recovered from his possession was prepared in presence of the independent witnesses. On the statement of the informant, Chandwa P.S. Case No. 80 of 2005 was registered on 22-08-2005 for the offence under Sections 386, 307, 333, 323, I.P.C., under Section 25(1-B) a/26/27 Arms Act and under Section 17 of the Criminal Law Amendment Act, 1908. The appellant was remanded to judicial custody on 23-8-2005.

3. The police after investigation submitted charge-sheet against the appellant Baleshwar Yadav @ Shyamji under aforesaid Sections in various Acts in which F.I.R. was lodged.

4. The appella

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