NEHAL HAIDER Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 395. read with Section 397, IPC and sentenced to RI for seven years vide judgment and order, dated 29 -4 -1992 in S.T. No. 35/89 passed by Sri AK. Sinha, the then Addl. Sessions Judge, Palamau at Daltonganj.

(2.) BRIEFLY stated, the prosecution case as made out in the fardbeyan (Ext. 9) of Ramesh Chandra Tripathy, a RPF Constable (PW 5), recorded on 24 -4 -1988 at 10.35 a.m. at Barwadih Saba Chowk Railway Colony by SI of Police, S.N. Singh, is as under: On 15 -4 -1988, the informant was posted at Barwadih Pay Office. He along with another RPF Constable Ram Jash Singh (PW1) and Cashier Kapildeo Rout (PW 2) was proceeding towards signal office for disbursement of salary to the Railway employees with the cashbox. As soon as they moved ahead of liabe Chowk, around at 9.15 a.m., on way to the Railway signal office and descended on the slope they saw five persons standing at a short distance from each other and when they moved a bit further a bomb was hurled from behind causing injury to the informant on his left thigh. Immediately another bomb was hurled by the culprits which wounded his left hand, while the cashier (PW 2) suffered bomb wound on his right hand. The informant thereupon fired two rounds of bullets from his rifle in self - defence and for the safety of the cash - box. On the sound of firing one of the miscreants, namely, accused - appellant Nehal Haidar fell down in the nearby bush and he was apprehended. In the meantime, Laxman Prasad Yadav (PW 6), a BMP Havildar with his Jawans and GRP Constable Lakshman Sah (PW 18) -, Chiteshwar Dubey (PW 4), an officer -in -charge of Barwadih PS, Chandra Sekher Singh (PW 13), an ASI of Barwadih PS rushed to the spot on the sound of firings and the other four culprits fleeing were chased and one of them, while fleeing, was apprehended who disclosed his name as accused - appellant, Kamaluddin. The other three culprits could not be apprehended and they escaped by opening fire. The accused -appellants disclosed the names of co -accused Bangali Ansari, Gangloo Kahar and Md. Aslam as their associates, who had succeeded in fleeing away. It is alleged that the culprits had attempted to commit dacoity for looting Government cash and rifles of the escort party and had wounded the informant (PW 5) and the cashier (PW 2) by bomb explosions.

(3.) THE case was ultimately committed to the Court of Sessions by Sri R.N.R Mahto, the then Chief Judicial Magistrate, Daltonganj on 25. -1 -1989. Charges unk1er Section 395 read with Section 397. IPC was framed against all the five accused charge -sheeted in the case, they pleaded not guilty and claimed to be tried.