UMESH SAH AND ANR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) The appellants have been convicted under Section 399 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years and further convicted under Section 402 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. The appellant, Mithilesh Singh has further been convicted under Section 25 (1-B) (A) of the Arms Act and sentenced to undergo rigorous imprisonment for two years. However, it has been ordered that both the sentences shall run concurrently.

(3.) The prosecution case as alleged in the fardbeyan is that on 10.09.1994 at about 6:30 P.M. the police party raided nearby I.T.I. building on confidential information that the miscreants have assembled for planning to commit dacoity. The police party saw some miscreants hiding behind the bush, taking Biri and Cigarettes. On challenge by the police party the miscreants started fleeing away. The police party chased and caught hold of the five miscreants who disclosed their names which includes the appellants and on search from the body of one Mithilesh Singh one loaded country made pistol and two live cartridges were recovered. Some articles also recovered from other miscreants. The police found cigarettes, match box and wine bottles from the place where they were planning. It is further alleged that on interrogation the accused persons disclosed that they were assembled for preparation to commit dacoity. The First Information Report was lodged at the instance of Shashi Bhushan Sharma, Officer-In-Charge-Cum-Inspector, Hazipur. The seizure list was prepared regarding the recovery of a country made pistol and two live cartridges and some jewelleries of silver and gold and money. The police submitted the charge-sheet.