The court emphasized the necessity of reliable witness testimony and corroborative evidence in criminal cases, particularly where previous enmity exists, leading to the appellant's acquittal.

JUDGMENT :

Per R. Mukhopadhyay, J.

1. Heard Mr. Vikash Kumar, learned counsel appearing for the appellant, Mrs. Priya Shrestha, learned Spl. P.P and Mr. Awanish Shekhar, learned counsel appearing for the informant.

2. This Appeal is directed against the judgment and order of conviction and sentence dated 10.08.2018 passed by Shri Swarn Shankar Prasad, learned Additional Judicial Commissioner VII cum special Judge, CBI (AHD) cum Special Court (CAW), Ranchi in ST No. 339/2017, whereby and whereunder the appellant has been convicted for the offence under section 307 IPC and has been sentenced to rigorous imprisonment for 10 years along with a fine of Rs. 50,000/- and in default in payment of fine, to undergo simple imprisonment for one year.

3. The prosecution case arises out of the Fardbeyan of Shivbrat Sahu on 31.12.2016 wherein it has been stated that on the same day at 4:30 pm he was in his shop Krishi Kendra at Pithoria, when Pankaj Kumar Sahu (appellant) and Nitesh Gope came on an Apache motorcycle and after parking the motorcycle in front of a shop, entered inside and Pankaj Kumar Sahu had fired at the informant and the bullet struck his left thigh. The informant had placed one hand on his wound, while with the other hand he caught the pistol and dragged Pankaj Kumar Sahu outside the shop. It has been alleged that Pankaj Kumar Sahu took out another pistol and fired at him and the bullet had once again hit on the left thigh of the informant. It has been alleged that Pankaj Kumar Sahu thereafter fled away and went inside the shop “Jhankar”. When the persons of the locality arrived, they took the informant to RIMS where his treatment is going on. Earlier also there was a scuffle with respect to share of a land and Pankaj Kumar Sahu had assaulted the nephew of the informant with a knife on his abdomen. Pankaj Kumar Sahu had also set fire in the shop of the informant on an earlier occasion.

4. Based on the aforesaid allegations, Pithoria PS Case No. 134/16 was instituted under Section 307/34 IPC as well as Section 27 Arms Act. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the court of sessions, where it was registered as ST No. 339/17. Charge was framed against the accused under Section 307/ 34 IPC and under Section 27 Arms Act which were read over and explained to the accused to which they pleaded not guilty and claimed to be tried.

5. During trial the appellant was convicted, while the accused Nitesh Gope was acquitted by the learned trial court.

6. The prosecution has examined as many as seven witnesses in support of its case.

7. PW 1 Suraj Deo Sahu has stated that on 31.12.2016 at 4:30 pm he was standing outside the grocery shop of Bishram Sahu when he saw Pankaj Sahu and Nitesh Gope @ Lalu coming on an Apache motorcycle. After getting down from the motorcycle, Pankaj Sahu came towards him and all of a sudden took out a pistol and fired at him. The bullet missed its mark and when he started fleeing away, he was once again shot at, but he had a providential escape for the second time. He managed to save his life by entering into the shop of Janardan Nayak. He has stated that Pankaj Sahu and Nitesh Gope had thereafter gone towards the shop of his uncle Shivbrat Sahu. After some time, he heard the sound of firing and when he came out, he saw Pankaj Sahu and Nitesh Gope coming out from the shop of Shivbrat Sahu and going away. Pankaj Sahu had a pistol in his hand. When he went to the shop of Shivbrat Sahu, he found two firearm injuries on his left thigh. Shivbrat Sahu was taken to RIMS and the Fardbeyan of Shivbrat Sahu was recorded in the emergency Ward in his presence. He had also signed on the Fardbeyan which has been proved and marked as Exhibit 1.

In cross-examination, he has deposed that he is the brother of Pankaj Kumar Sahu and there is a land dispute going on since 2009. There are several litigations pending between them. He had earlier instituted a case aga