MANOJ PODDAR @ RAJESH PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appeals arise out of the judgment dated 15.05.2007 passed by Fast Track Court-V, Katihar in Sessions Trial No.320 of 2005, Trial No.36 of 2005. By the judgment, while acquitting one of the seven accused persons, namely, Chandra Shekhar Sharma @ Chandeshwar Sharma, put on trial, the learned trial Judge was holding the six appellants in the two appeals guilty of having committed offences under Sections 395 and 412 IPC and Sections 25(1-B), 26(i) and 35 of Arms Act. The learned trial Judge directed all the appellants to suffer rigrous imprisonments for ten years each on the two counts, like, Sections 395 and 412 IPC. So far as the offences under the Arms Act were concerned Manoj Poddar @ Rajesh Poddar, Tuntun Sah and Tainu Mandal, after being held guilty, were directed to serve simple imprisonment for three years each under each of Sections 25(1-B), 26(1)/35 of the Arms Act whereas appellants Ashish Kumar @ Subodh Mandal and Indu Devi @ Rekha Devi @ Mira Devi were directed to suffer simple imprisonment for the same period of three years as in the case of the three other appellants for their conviction under Section 25(1-B)(a)/35 and 26(1)/35 of the Arms Act.

(2.) The informant Uday Singh(not examined)was the driver of a passenger bus bearing Registration No.BR-9B-3745 and he started with passengers from Chapra to Siliguri via Begusarai. He reached Begusarai at about 1.30 P.M. on 04.04.2003 and there seven passengers boarded the bus which included the seven accused persons as may appear from the narration which was unfolded by the driver Uday Singh. It was stated that they had purchased tickets from the counter of the transport office which was running the bus and after it had left Begusarai and had reached somewhere near Kursela appellant Indu Devi @ Rekha Devi @ Mira Devi asked to stop the vehicle on the ground that she wanted to attend to the call of nature. Two of the appellants are also said to have accompanied her by getting down the bus.

(3.) It was further stated that after they had re-boarded the bus they started making allegations against the cleaner of the bus that he had misbehaved with the lady appellant Indu Devi @ Rekha Devi @ Mira Devi. The seven accused persons who were put on trial including the six appellants created a pandemonious situation inside the bus and got the bus stopped at a particular place and they themselves are said to have got down the bus. It is stated that one of the accused persons mounted the bus through the window near the driver's seat and put a revolver at him to command him to drive the bus slowly and put the body lights inside the bus on. The informant stated that he put the lights on inside the bus whereafter he could find that two criminals were standing on the two gates of the bus whereas other criminals were moving inside the bus and were assaulting the passengers and looting them of their belongings. The informant stated that he was purposely moving the bus slowly so as to being confronted with a police patrolling party. Sensing that, the criminals asked him to speed up the bus but he did not do it and continued driving the bus in a slow speed in expectation that the police on patrolling meets generally at Kishoreganj Chawk and may be that the driver sights them and seeks their help. Incidentally, when it had reached the Kishoreganj Chawk he found the patrolling jeep parked there and as such stopped the bus and started shouting 'dacoits, dacoits' which attracted the police party which rushed to the bus. The police surrounded the bus. One of the constables came on the window side of the bus where a criminal had put his arms upon the driver and by targeting him with his rifle asked him to surrender. Other police personnel including that constable on the window side, mounted the bus, arrested the appellants and brought them down the bus and on search of their persons, it is alleged, recoveries were made of looted properties, like couple of cellular phones and Rs.900 in cash and from the personal search of the appellants, country made revolvers/pistols and six cartridges.