AKHTAR NUTT AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal on behalf of the four Appellants is directed against the judgment dated 15.9.2007 passed by Fast Track Court-V, Sheikhpura, in Sessions Trial No. 222 of 2007 by which Appellants Aktar Nutt and Bachu Nutt were convicted under Sections 394 and 397 of the Indian Penal Code and Secretions 25 (1-B) (a), 26 (1) and 27 of the Arms Act. So far as Appellants Suresh Nutt and Subodh Nutt are concerned, they were also convicted under Sections 394/411 of the Indian Penal Code and Sections 25 (1-B) (a), 26 (1), 27, 25 (1-b) (a) read with Section 35 of the Arms Act. On 17.9.2007 after hearing on sentence, the learned trial Judge directed Appellants, Aktar Nutt and Bachu Nutt to suffer rigorous imprisonment for ten years under Sections 394/397 of the Penal Code as also rigorous imprisonment for three years under each of the counts under Sections 25 (1-B) (a), 26 (1) and 27 of the Arms. As regards Appellants Suresh Nutt and Subodh Nutt, they were also directed to suffer rigorous imprisonment for five years and rigorous imprisonment for three years, respectively, under Sections 394 and 411 of the Penal Code as also rigorous imprisonment for three years under each of the counts of Sections 25 (1-B) (a), 26 (1) read with Section 35 of the Arms Act. The sentences inflicted upon each of the Appellants, however, were directed to run concurrently.

(2.) The prosecution case is based on the written report (Ext.2) of Rajdeo Prasad, (P.W.1), who stated that while he along with some police personnel was at the Police Station he received an information that some criminals had committed robbery at a place 1 K.M. away from the Police Station and during that course they had fired at the victims also. Accordingly, the witnesses and P.W.1 started for the place of occurrence and when they came to the bridge situated at the canal, they found Mathura Mali (P.W. 2), Sudama Manjhi (not examined), Rajaram Sharma (not examined), Daya Nand Singh (P.W.7) and Umesh Singh (not examined) who pointed out to him that four criminals, out of whom two were armed with pistols and the other two were armed with lathi, surrounded them and robbed them after having assaulted them as a result of which Mathura Mali, Sudama Manjhi (not examined) and Umesh Singh were injured. The informant further stated that the above witnesses had pointed out the direction in which the criminals had fled into.

(3.) The informant stated that when he proceeded towards the direction pointed out by above named witnesses and reached south of village Ambari at Sheikhopur Sarai-Barbigha Road, other set of persons, like, Suresh Prasad (P.W. 6) and Naresh Prasad (P.W.5) both residents of Village Ambari came and narrated the same facts of being robbed of an Eeready torch and Rs. 250/-. The informant stated that the villagers also accompanied him and he started for village Masidpur along with the police force, when he heard the sound of firing coming from the sugarcane field as a result of which the informant also ordered his accompanying police force to fire one shot. As soon as the shot was fired by the police, two persons came out of the sugarcane field and started running away towards north and they were chased and arrested. They were found in possession of country made pistols and on questioning they pointed out their names as Aktar Nutt and Bachu Nutt. They further pointed out the names of their remaining two companions who were still concealing in the sugarcane field as a result of which he and the police force cordoned off the field and two persons were arrested from there who were Appellant Subodh Nutt and Suresh Nutt and from their possession different looted articles, like, the torch, bank passbooks, watches, mobile charger, ring, sari, bag and Rs. 250/- in cash were recovered and, accordingly, seizure memo (Ext. 1) was prepared. From the possession of Appellant Aktar Nutt and Bachu Nutt who had been arrested first by the police, some cartridges were also recovered from their pockets. The informant, thereafter, presented his report on the basis of which the F.I.R. (Ext. 3) of the case was registered and the investigation was handed over to A.S.I. Ram Binod Thakur (P.W. 11) who examined the witnesses and after completing the investigating submitted charge sheet which, ultimately, ended in conviction and sentence of the Appellants as indicated earlier.