JUDGMENT :

1. Heard the parties.

2. This criminal revision is directed against the judgment dated 04.08.2000 in Criminal Appeal No.129 of 1994 by which the learned Additional Sessions Judge-II, Bokaro at Chas has dismissed the appeal filed by the revision petitioner along with co-convict- Akbar @ Ali Immam Ansari.

3. It is stated that the revision petitioner has been convicted only for the offence punishable under Section 379 of India Penal Code and sentenced him to undergo R.I. for three years, by the trial court, being the First Assistant Sessions Judge, Bokaro. This criminal revision has been filed only on behalf of the convict- Chhotu @ Salimuddin Ansari.

4. The brief facts of the case is that on 17.12.85 when the informant who was a constable of C.I.S.F. saw two persons in a black colour Yezdi motorcycle coming out through gate No.V of Bokaro Steel Plant with great speed, the informant out of suspicion signalled the motorcycle to stop but the motorcycle pushed the informant and went out of the gate but because of the imbalance of the motorcycle, two pieces of copper weighing 50 kg each which the pillion rider had concealed in his shawl, fell down on the ground. The informant caught hold of the pillion rider and gave him to the custody of P.W.4- another personnel of C.I.S.F. but somehow that person get himself extricated from the P.W.4 and wanted to escape on the motorcycle. The informant gave two blows of stick to the motorcyclist and the motorcyclist escaped leaving the motorcycle. The informant chased them and one of them fired from fire arm causing gunshot injury to the informant. The workers assembled there, identified the person who fired at the informant to be Akbar and the petitioner is stated to be driving the motorcycle as Chotu.

5. On the basis of the fard beyan of the informant, police registered the case and after investigation submitted charge-sheet against the revision petitioner and the co-accused. The trial was conducted by the 1st Assistant Sessions Judge, Chas. During the trial, the prosecution altogether examined nine witnesses.

6. P.W.9- Bhim Prasad Mahato is the formal witness who has proved the formal FIR marked Ext.6 and the fardbeyan marked Ext. 7.

7. P.W.8- Arbind Kumar Sinha is the Malkhana In-charge of Balidih Police Station and he produced the material exhibits of the case which were marked Ext. I to V and the concerned paper in which entry of the material exhibit was made, was marked Ext. 5.

8. P.W.3- Fahiruddin Ansari and P.W.2- Gulam Ansari have not supported the case of the prosecution and were declared hostile.

9. P.W.1- Laxmi Kant Kamath has been examined to identify the two pieces of copper being taken by this revision petitioner and the co-accused to be the property of B.S.L. and the certificate granted has been proved by him which has been marked Ext. 1.

10. P.W.5 is the doctor whose testimony is not relevant so far as this revision petition is concerned, as this revision petitioner has only been convicted for the offence punishable under Section 379 of Indian Penal Code.

11. P.W.7- Brijendra Singh is the informant of the case. He has stated having seen two persons going out of the plant in a motorcycle at a high speed and the pillion rider was covering himself with a shawl. He asked the motorcycle to stop but they pushed the informant and went out of the gate. The pillion rider fell down from the motorcycle. The P.W.7 gave lathi blow to person who was driving the motorcycle. Two pieces of copper each weighing 50 kg fell down on the ground which is the articles they were carrying after committing theft of the same from the plant. P.W.7 handed over the custody of pillion rider to P.W.4 however the pillion rider got himself freed from the P.W.4 and boarded the motorcycle. P.W.7 gave a blow with a stick at which the co-convict- Ali Immam Ansari fired shot at the P.W.7 which hit in his abdomen and left hand. The informant became senseless and he was taken to B.G.H. in ambulance. It is pert