GHASI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Being aggrieved by the judgment dated 9.6.2014 and subsequent order of sentence dated 10.6.2014 passed by the learned Additional Sessions Judge, Koraput in Criminal Trial No. 05 of 2013, the Appellant has preferred this appeal. Learned court below has convicted and sentenced the Appellant as follows: -

(2.) According to the prosecution, on 4.4.2011 the Inspector -in -Charge of Semiliguda P.S. got information that one Ghasi @ Khatru @ Chadha Bhusan, a Senior armed Cadre Maoist of Srikakulam -Koraput Joint Division of CPI Maoist Group, who was also wanted in Semiliguda P.S. Case No. 76 of 2016, was expected to move towards Village -Dudhari from the side of Village -Upper Kanti in the evening hours of the very same day. Accordingly, the police officer entered the fact in Station Diary of the P.S. and proceeded towards Village -Pendajam which is located in between Villages Upper Kanti and Dudhari being accompanied by police personnel attached to the police station. Having reached at a particular spot in between Upper Kanti and Dudhari all the police personnel kept themselves concealed by the side of the road awaiting for the arrival of said Ghasi. At about 7.30 P.M. a commander jeep was seen coming from Upper Kanti side. It was detained. When the vehicle was being searched a person, sitting next to the driver in the front seat, attempted to escape by jumping from the vehicle. He also attempted to open fire at the police personnel. While he was taking out his gun from under his waste the police personnel could over -power him and recovered the gun from his possession. Thereafter, Inspector -in -Charge of the Police Station, who is the informant in this case, took personal search of the suspected person observing all formalities. Besides the gun loaded with ammunitions, one pouch containing 12 ammunitions, tied around the waist of the person, was also recovered. One cotton carry -bag was recovered wherein several papers were kept. On verification, it was found that most of the papers contained Maoist literature written in both Telgu and Odia languages. On interrogation, the suspect disclosed his name as Ghasi @ Khatru @ Chenda Bhusan with his address and admitted that he belongs to armed cadre of Srikakulam -Koraput Joint Division of CPI (Maoist) Organization. He failed to produce any license for the arms and ammunitions he was possessed of. Drawing plain paper F.I.R. at the spot, the informant seized the materials which were recovered from the possession of the suspect and arrested him. The suspect is the Appellant -Accused. Thereafter, the Accused along with the seized articles was brought to the police station where the case was registered. On the request of the informant the D.S.P., Sunabeda took up investigation of this case.

(3.) In course of investigation, the I.O., besides taking different steps, moved the Collector -cum -District Magistrate, Koraput as well as State Government for sanction to prosecute the accused under Ss. 25/27 of Arms Act, Ss. 121/121 -A/124 -A of I.P.C. and Sec. 20 of Unlawful Activities (Prevention) Act, 1967. After receipt of sanction order from the District Magistrate for prosecution under the Arms Act, the I.O. submitted charge -sheet on 1.10.2011. Thereafter, he received sanction order from the Government of Orissa for prosecution under Sec. 20 of the Unlawful Activities (Prevention) Act and submitted supplementary charge -sheet on 8.1.2012. Thereafter, another sanction order from the Government of Orissa was received for launching prosecution under Sec. 121/121 -A/124 -A of I.P.C. against the accused. On 21.10.2011 the case was committed to the Court of Sessions. Upon commitment, learned Sessions Judge transferred the case to the Ad hoc Additional Sessions Judge for trial. On 19.1.2012 charges were framed under Ss. 121/121 -A/124 -A/307 of I.P.C., Sec. 17 of Criminal Law (Amendment) Act, Sec. 25(1 -A) and 27 of the Arms Act, and Sec. 20 of the Unlawful Activities (Prevention) Act.