SHRIDHAR KOERI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Shridhar Koeri has preferred this appeal against the judgment and order dated 19.4.1994 passed by the 6th Additional Sessions Judge, Rohatas at Sasarm in Sessions Trial No. 346 of 1992 convicting the appellant under Sections 399 and 402 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo R.I. for five years and three years respectively. The sentences are to run concurrently.

(2.) The prosecution case in brief is that in his written report dated 14.2.1991 the Officer Incharge, Kargahar Police Station Shri Ramanuj Rai (P.W. 1) alleged that on 13.2.1991 at 8.00 P.M. he received secret information that criminals were about to assemble for committing dacoity and they were to assemble at village Bastalwa and they had also committed an offence of abduction. The Inspector of Sasaram P.S. was also present at that time at the Police Station. The informant lodged a station diary entry and a raiding party was organised. The raiding party reached Kochus P.S. at 9.00 P.M. and from there S.I., B.N. Girt and other Constables and Chaukidar were included in the party. They proceeded towards the village and at the canal, they got information that the culprits had hid themselves in the village school. The raiding party surrounded the school and in the flash of torch light, they saw 6 -7 criminals out of whom accused Sri Kishun Ram and Bhukhan Ram were identified by the informant (P.W. 1) and B.N. Giri, S.I. identified one of Baradi. It is also alleged that they were chased but others fled away except one who as caught hold by Inspector B.N. Giri and fire -arms including a country -made gun and 10 live cartridges of 12 bore were recovered from the possession the accused who was caught. He disclosed his name as Shridhar Koeri (the appellant). The accused further disclosed that such arms were kept inside the room of the school and on whose direction, the raiding party recovered those articles. Seizure list was prepared in presence of the independent witnesses, a copy of which was handed over to the accused Sridhar Koeri. The raiding party also rescued a boy, namely, Manoj Kumar from the said room. The arrested accused disclosed that he had abducted the boy on 12.2.1991 and he also disclosed the name of other associates. He also confessed his guilt in presence of the raiding party and stated that they had assembled with an intention to commit dacoity. On the basis of the report, the case was registered and after investigation the charge -sheet submitted against four accused -persons and others showing to absconders. After cognizance, the trial proceeded in the Court below. The appellant, along with three other accused, was charged under Sections 399 and 402 of the I.P.C. and Sections 25(1 -B) A, 26, 27 and 35 of the Arms Act. The trial Court acquitted the appellant and other accused persons under the charge of Arms Act and also acquitted other three accused persons for want of evidence and for want of proper sanction under the Arms Act. Only the appellant was convicted and sentenced as' indicated above.

(3.) In support of its case, the prosecution has examined seven witnesses and brought on record exhibits which are written report (Ext. 1), the signature on the seizure list of the witnesses (Exts. 1/1), formal F.I.R. (Ext. 4) and the sanction order (Ext.5).