SUBASH KUMAR BARMAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant in Criminal Appeal No.584 of 2014 Subash Kumar Barman, the appellant in Criminal Appeal No.445 of 2015 Raj @ Rajendra Singh and the appellant in Criminal Appeal No.116 of 2016 Sujit Kumar Sao @ Gupta along with three co-accused persons namely, Munna @ Biswajit Singh, Tahir Anshari and Santosh Sharma faced trial in the Court of learned Assistant Sessions Judge, Sambalpur in S.T. Case No.109/85 of 2009 for offences punishable under section 395 of the Indian Penal Code and sections 25 and 27 of the Arms Act.

(2.) The prosecution case, as per the first information report submitted by Ramesh Kumar Agrawalla (P.W.2) before the officer in charge of Dhanupali Police Station on 03.02008 is that he had a jewellery shop in the name and style of M/s. Jewellery World at V.S.S. Marg, Sambalpur which he was operating along with his brother Ashok (P.W.37), Naresh (P.W.1) and his nephew Binod (P.W.31).

(3.) Basing on such first information report presented by P.W.2 Ramesh Kumar Agrawalla, Dhanupali P.S. Case No.16 of 2008 was registered on 002.2008 under section 395 of the Indian Penal Code and sections 25 and 27 of the Arms Act and the officer in charge of the police station namely, Chandra Majhi (P.W.39) took up investigation of the case. During course of investigation, he examined the complainant, sent VHF message to the other police stations, visited the spot and prepared the spot map (Ext.22) and seized the gold and diamond ornaments from M/s. Jewellery World and prepared seizure list to that effect and left the same in zima of Binod Kumar Agrawalla (P.W.31) vide zimanama (Ext.23). As per the order of the Superintendent of Police, Sambalpur, he handed over the charge of investigation to Sri Niranjan Mishra (P.W.42), Circle Inspector of Police, Ainthapalli, Sambalpur on the very day i.e. 002.2008. After taking over charge of investigation, P.W.42 examined the witnesses, seized some articles from the V.I.P. office room of the M/s. Jewellery World in presence of the witnesses. He made seizure of three handmade bombs near the V.I.P. room of the first floor in presence of the witnesses vide Ext.8. The scientific officials visited the spot and prepared their report vide Ext.28. P.W.42 seized the gun licence which was standing in the name of Naresh Kumar Agrawalla (P.W.1) and left the same in the zima of P.W.1 vide zimanama Ext.1. He made seizure of certain other incriminating articles from the spot and then on 07.06.2008 he handed over the charge of investigation to Gobardhan Sahoo (P.W.44), Circle Inspector, Sadar, Sambalpur. P.W.44 prayed for conducting test identification parade in respect of the seized property. A team of officers went to Jharkhand for detecting the culprits as well as for recovery of stolen articles. P.W.44 proceeded to Ranchi, engaged spies and arrested one accused and seized melted stolen ornaments from a jewellery shop. The appellants Sujit Kumar Sao @ Gupta, Rajendra Singh and Subash Kumar Barman were arrested on 11.06.2008 from Ranchi. On search of the renin bag seized from the appellant Sujit Kumar Sao, jewellery of M/s. Jewellery World, Sambalpur were found which were seized under seizure list Ext.25. From the possession of appellant Rajendra Singh, a rexin bag containing stolen gold ornaments were seized under seizure list Ext.20. Similarly from the possession of appellant Subash Kumar Barman one rexin bag containing jewellery was seized under seizure list Ext.26. The three appellants were produced before the learned C.J.M., Ranchi and a prayer was made for transit remand for their production in the Court of learned S.D.J.M., Sambalpur and on 106.2008 all the three appellants were produced in the Court of learned S.D.J.M., Sambalpur. On the prayer of the P.W.44, test identification parade was conducted on 19.06.2008 in respect of appellants Raj @ Rajendra Singh, Sujit Kumar Sao @ Gupta and Subash Kumar Barman which was conducted by Raj Kumar Das (P.W.29), J.M.F.C., Sambalpur. In the Test Identification parade, P.W.2 Ramesh Kumar Agrawalla, P.W.3 Ajay Kumar Agrawalla and P.W.37 Ashok Agrawalla so also one Gitanjali Dani participated as identifying witnesses and the identifying witnesses identified all the three appellants correctly. Accordingly, P.W.29 prepared the test identification parade report vide Ext.5/2. Similarly test identification parade in respect of the seized properties were held in the chamber of P.W.29 and P.W.2 Ramesh Kumar Agrawalla correctly identified the ornaments and accordingly, test identification parade report vide Ext.6/1 was prepared. P.W.44 submitted first charge sheet and handed over the charge of investigation to Saroj Kumar Mohapatra (P.W.45), I.I.C. of Dhanupalli Police Station who on completion of investigation submitted final charge sheet on 10.07.2008 against six accused persons including the three appellants under section 395 of the Indian Penal Code and sections 25 and 27 of the Arms Act.