NAWAL KISHORE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The seven appellants of the five appeals were charged together with commission of different offences so as to be tried together in Sessions Trial No. 167 of 2006 by the learned Presiding Officer of Fast Track Court-IV, Purnea and by judgment dated 21.03.2007 they were found guilty of committing offences under Sections 399, 402, 414 and 353 IPC as also offences under Sections 25(1-B)(a) 26 and 35 of the Arms Act they were heard on the quantum of sentence on the same day and each of them was directed to suffer rigorous imprisonment for ten years, seven years, three years and two years for having been found guilty of committing offences under Sections 399, 402, 414 and 353 IPC and also to suffer rigorous imprisonment for one year, six months and six months for their respective convictions under Sections 25(1-B)(a) 26 and 35 of the Arms Act. They challenge the judgment of conviction and the order of sentence passed by the learned trial Judge by preferring the present batch of five appeals as may appear from the cause title of the present judgment.

(2.) The prosecution story runs in seven hand written pages which is full of all rhetoric rather than the substantial allegations which was coming from the pen of P.W.7 Viveka Nand who on 13.03.2005 was posted as the Deputy Superintendent of Police, Dhamdaha(Purnea), the gist of which was that after having secretly received an information about the assemblage of certain criminals belonging to particular gang of notorious criminal Buchan Yadav, the informant consulted his superior, Superintendent of Police, Purnea and as per his direction asked different officer-in-charges who appear having been examined as witnesses, like, P.W.1, P.W.3, P.W.4, P.W.5 so as to forming a raiding party. It is stated that the police force assembled in between 9.30 P.M. and 11 P.M. and thereafter they proceeded towards Shekhpura Chawk under the leadership of the informant. P.W.7. The informant further claimed that he divided the policemen in two parties one being led by him and another by another officer and thereafter started towards the double storied house of dreaded criminal Buchan Yadav so as to laying a seize around the house for nabbing the criminals who had reported assembling there for committing a mayhem of scheduled castes persons so as to grabbing about 150 bighas of land. The mayhem by way of retribution on account of being scheduled castes voters having not voted in favour of a particular candidate during the last general election.

(3.) The informant claimed that when his two groups of policemen proceeded towards the target place some criminals were found atop the building for keeping watch around the place. One of the criminals flashed the torch light but he was captured by S.I. Gautam Kumar(P.W.4)and commando 197 Pasupati Bharti(not examined). In the process of being captured the criminal having fired a shot and that caused a commotion among criminals and they started firing at the police party but the police force under the leadership of S.I. Basuki Nath Jha(not examined) and others reached the targeted Baithaka and from there arrested the appellants.