NARESH KUMAR KHUBNANI (SIC KHUBWANI) @ NANDU S/O LUDDHOMAL Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION DD NAGAR

JUDGEMENT

(1.) These appeals have been preferred against judgment dated 09-07- 2013 passed in S.T. No.76/2008 by the First Additional Sessions Judge, Raipur C.G.

(2.) By the impugned judgment appellants K.S. Priya alias Malti alias Shantipriya, Meena Choudhary @ Geeta, Prafull Kumar Jha, Sidharth Sharma @ Rajaram @ Motu and Prateek Jha @ Baba have been convicted and sentenced in the following manner:-

(3.) The case of the prosecution, in brief, is this, that on 21-01-2008 the police control room Raipur informed P.S. D.D. Nagar on telephone that one unknown male and female have left some bags on the spot. The SHO, A.A. Ansari (PW-41) along with staff arrived on the spot, with bomb disposal squad. He found, that in front of Laxmi Kirana Stores, in total 7 bags were lying along with one white polythene bag. He was informed by witness Tikamchand Jain (PW-2) and others that at about 07:15 p.m. a male and female had come in a Santro car bearing registration No. CG 04D 4628 and had disembarked there. The lady had also made some enquiry from Tikamchand Jain (PW-2) and made some purchase from his kirana shop. I.H. Khan (PW-45), from bomb disposal squad arrived with his team and on examining the bags with sniffer dogs, no explosive substance was found in the bags. The bags were opened then it was found that they contained 6 numbers of country-made firearm with butt, 20 numbers of country-made firearm without butt, 22 numbers of country-made firearm with iron butts along with 28 other firearms, 5 numbers of country-made firearm with butt, barrels of country-made firearm in 25 numbers and other iron barrels total 81 in numbers, 22 numbers of wireless sets of Kenwood company, charger in 22 numbers, 22 numbers of Ariel, 22 numbers of waist clips and one ladies hand bag containing two hand-written letters and the date of writing letter was 14-01-2008. The contents of the letters disclosed that the illegal arms were collected for the purposes of naxal moment and the same was being supplied to them and promise were made for funding of the same moment. The letter was addressed to a Naxal commander. One driving license in the name of K.S. Priya was also present in the collection. English newspaper, Times of India dated 22-11-2007, a book which was printed by Central Military Commission of India for communist party (maoist), shawls, sweaters, a book titled as Premchand Ki Sarvashresth Kahaniya, and a bunch of keys were found. Seizure of these articles were made from the spot and FIR Ex.-P/72 was lodged. A. A. Ansari (PW-41) wrote a letter Ex.-P/73 to S.P. Raipur seeking permission to investigate the offences under the C.G. Vishesh Jan Suraksha Adhiniyam against which he received permission vide Ex.-P/74 from S.P. Raipur. A team for investigation was constituted headed by I. H. Khan (PW-45).