IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Criminal Appellate Jurisdiction)

Cr. Appeal (SJ) No. 403 of 2010

(Against the judgment of conviction dated 17.04.2010 and the order of sentence dated

20.04.2010, passed by the learned Additional District & Sessions Judge, FTC-III,

Daltonganj, Palamau in Sessions Case No. 301 of 2003)

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Akhter Ansari, son of Yasin Ansari, resident of village Dali, PO & PS-

Chhaterpur, District-Palamau

.… … Appellant

Versus

The State of Jharkhand

… .... Respondent

PRESENT

HON’BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellants : Mr. Arbind Kumar Sinha, Advocate

Mrs. Suchitra Pandey, Amicus Curiae

For the State

: Mr. S.K. Srivastava, APP

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CAV on: 10/09/2021

Pronounced on: 10/6/2022

Heard Mr. Arbind Kumar Sinha, the learned counsel for the

appellant, Mrs. Suchitra Pandey, the learned Amicus Curiae and Mr. S.K.

Srivastava, the learned APP.

2.

The present criminal appeal is preferred against the judgment of

conviction dated 17.04.2010 and the order of sentence dated 20.04.2010,

passed by the learned Additional District & Sessions Judge, FTC-III,

Daltonganj, Palamau in Sessions Case No. 301 of 2003, whereby and

whereunder, the appellant was convicted under Section 307 of the Indian

Penal Code and under Section 27 of the Arms Act. The appellant was

sentenced to undergo RI for six years and a fine of Rs.2000/- under section

307 of the Indian Penal Code and sentenced to undergo RI for two years

under Section 27 of the Arms Act. In default of payment of fine two months

SI was awarded and both the sentences were directed to run concurrently.

3.

The case of the prosecution, in brief, as per the fardbeyan dated

21.12.2001 of the informant PW-1 Ali Hasan Ansari, is that on 20.12.2001 at

7:00 O'clock in the evening, informant along with his wife Sahida (PW-3)

was sitting near stove and informant’s wife as cooking food. Suddenly

appellant Akhter Ansari armed with gun came and fired from the gun. The

pellet of the bullet hit the finger of the informant's hand, arm and chin and

2 Cr. Appeal (SJ) No. 403 of 2010

he came out raising alarm. Informant saw Akhter Ansari, Asgar Ansari, Idris

Ansari and Riyasat Hussain, all of them fleeing away. Informant further

stated that on halla, his brother Ibrar Ansari and villagers Hafiz Mian (PW-

5), Dildar Mian (PW-6), Jumman Ansari (PW-7) and Zafar Ansari (PW-8)

came there. After the incident, the informant, along with the villagers went

to Sarpanch Tahir Hussain (PW-10), who told him to inform at the police

station. Informant stated that the incident occurred due to dispute over the

grazing of the field by the cattle.

4.

On basis of the fardbeyan of the informant, formal FIR being

Chhaterpur PS Case No. 100 of 2001 dated 21.12.2001 was registered under

sections 448, 307/34 IPC and section 27 Arms Act against the accused

persons including the appellants herein. After investigation, charge sheet

was submitted under sections 448, 324, 326, 307/34 of IPC and section 27

of the Arms Act against the four accused persons including the appellant

herein and cognizance of the offences were taken and the case was

committed to the court of Sessions. Charges were framed under section 307

IPC and section 27 Arms Act against the appellant and trial was held. At the

conclusion of the trial, the appellant was convicted and sentenced as

aforesaid, hence, this appeal.

5.

Prosecution had examined altogether twelve witnesses out of

whom PW-1 is Ali Hasan Ansari, who is informant of the case; PW-2 is

Mohiuddin Mian, who is the father of the informant; PW-3 is Sahida Bibi,

who is the wife of the informant; PW-11 is Dr. Rajesh Kumar Agrawal; PW-

12 is Nasim Haider, who is a formal witness and he had proved the

fardbeyan and the