RUPDEV YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants have preferred this appeal against the order dated 7th April, 2004 passed by learned Sessions Judge, Rohtas, Sasaran, in Case No. R. C. 4(5) of 2002 arising out of Nauhatta P. S. Case No. 4 of 2002 holding them guilty for the offences under Sections 148, 302, 323, 353 read with Section 149 of the Indian Penal Code, 27 of the Arms Act besides Section 3(2)(a) and 22(5) of Prevention of Terrorism Act, 2002 (hereinafter referred to as the Act) and respective sentences awarded rigorous imprisonment for one year, rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default to further undergo imprisonment for one year, rigorous imprisonment for six months, rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- each in default to undergo imprisonment for three months, imprisonment for life and to pay a fine or Rs. 5,000/- each in default imprisonment for one year and imprisonment for ten years. However, all the sentences are to run concurrently.

(2.) THE prosecution case, as revealed from Exhibit-3, Fard-e-bayan of P. W. 3, Kumar Narendra, a Range Officer of Forest, recorded by P. W. 21, S. I. Ajoy Prasad, at Adhaura P. S. on 15th February, 2002 at 14.00 hours is that in the same morning at about 9.00 a.m. the informant along with Divisional Forest Officer (hereinafter referred to as DFO), Sanjay Singh (deceased), Foresters B. N. Singh (not examined), Ramjivan Pandit (P. W. 14), Ram Pravesh Choudhury (P. W. 10), Shiv Murat Pandey (P.W. 13), Bodyguard Umesh Prasad Singh (P.W.4) and driver of Government Gypsy Mahboob Alam (P. W. 9) went to check the road under construction, running from Akberpur to Rehal and when at about 11.00 a. m. the group arrived near Forest Office at Rehal, they found one person in green uniform, heard from someone in the vehicle that perhaps he is 'party wala'. All alighted from the vehicle and started proceeding towards range office but within a short time they realized that he is, in fact, party wala, they tried to come back but were surrounded by five to six armed persons in the similar uniforms and for about forty five minutes all interrogated them by different means and when the group started to escape through their vehicle the men in uniform whistled. Twenty five to thirty persons of their group including four to five female in civil dress arrives, one of them aged forty years having one child and other four were aged about twenty five to thirty years and their commander aged about forty years of a bit dark complexion whereas remaining were also aged about twenty five to thirty years, lean and thin, and forced them to come out of the village, tied hands of D. F. O., Sanjay Singh, from behind through a towel, kept him separated from other companions and took the D. F. O. ahead. On objection raised by himself and his fellowmen they were assaulted by lathi and butt of gun. Ultimately, the companions kept themselves separated. Four to five terrorist forcibly brought the D. F. O. in eastern side of the village from Morang road and forced others to maintain silence. Some time thereafter they heard sound of seven firing and a few minutes thereafter four to five terrorist returned, asked about their caste etc. and ultimately on being convinced that they belonged to poor section of people, returned the driver and key of the vehicle and permitted to go. THE terrorist left the place raising slogan "M. C. C. Zindabad" and the group anyhow arrived at Adhaura Police Station, apprehends that the D. F. O. might have been killed. On the basis of aforesaid Fard-e-bayan a formal first information report, Exhibit-10, was recorded by the concerned Police Station i.e. Nauhatta Police Station at 9.00 p. m. against unknown.

(3.) LEARNED Special Public Prosecutor, representing C. B. I., while supporting the findings, submitted that all legal requirements have been observed; witnesses have supported the prosecution version and trial Court has, by a detailed reasoned order, held them guilty, no prejudice was caused to the appellants neither their photograph was shown or even earlier, all precautions have been taken in recording confessional statement of appellant No. 2, who, even at the time of explaining the charge, confessed his guilt so the appeal may be dismissed.