MOHD SAUD ALAM Vs. MD SALAHUDDIN

JUDGEMENT

(1.) CRIMINAL Appeal No. 99 of 1997 preferred by appellants Md. Saud Alam and Md. Tabrez and CRIMINAL Appeal No. 136 of 1997 preferred by sole appellant Md. Salahuddin arise out of the same judgment dated 7.2.1997 and order dated 14.2.1997 passed by 2nd Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 53/95 and therefore, both the appeals have been heard together and are being disposed of by this common order.

(2.) ALL the three appellants have been convicted and sentenced to undergo RI for 14 years each under Section 5 of the Explosive Substance Act.

(3.) ALTOGETHER 18 witnesses on behalf of prosecution Have been examined in this case. Sahabuddin (PW-1), Md. Taslim (PW-2) Md. Habib (PW-3), Md. Chand (PW-4) and Abdul Hassan (PW-7) have not supported the case of prosecution and they have been declared hostile. Md. Mansoor Alam (PW-5) and Md. Amiruddin (PW-6) are said to be independent witnesses in those presence houses of appellants were searched. Md. Mansoor Alam (PW-5) in his evidence no doubt has proved his signatures (Ext. 1, 1/1 and 1/2) on the seizure lists which were prepared when some articles are said to have been seized from the houses of appellants but he has said that neither the seizure list was prepared nor any this Court was recovered in his presence. Similarly Md. Amiruddin (PW-6) has also proved his signatures (Ext. 1/3, 1/4 and 1/5) on seizure lists said to have been prepared at the lime of seizure of articles from the houses of appellants but has clearly stated that house of appellants were not searched in his presence. These two witnesses have also been declared hostile. Hassanuddin Khan (PW-14) is a formal witness who has proved sanction for prosecution of appellants under Section 153-B of Indian Penal Code typed and filled up by him and under the signature of Arun Kumar Singh, the then District Magistrate, Bhagalpur(Ext. 7). He has also proved carbon copy of another sanction of prosecution typed and filled up by him along with original by carbon process and under the signature of Arun Kumar Singh, the then District Magistrate, Bhagalpur, for prosecution of appellant under the provisions of Explosive Substance Act (Ext. 8). Nand Kishore Mandal (PW-17) is also a formal witness who has proved the written report (Ext. 10) in the pen and signature of informant Lalan Singh and formal FIR (Ext. 11) in the pen of Nand Kishore Sah, the then officer-in-charge of Jagdishpur Police Station. Navin Kumar (PW-18) has said that informant Lalan Singh died in the year 1995 and in the year 1994 he was officer-in-charge of Muzahidpur police station. Ram Ash Dubey (PW-15) is a tendered witness. Constable Anil Kumar Singh (PW-16) produced seized articles in Court which are marked Material Exts. I to XV. Jay Shanker Singh (PW-12) has said that on 12.7.1994 he was posted as officer-in-charge of Habibpur Police Station and on that day he was given the charge of investigation of this case and he started investigation and on 17.7.1994 he filed a requisition in the Court of CJM, Bhagalpur, for remanding co-accused Lal Babu @ Lal Mohammad who was at that time in jail in an another Central Crime Station Hyderabad P.S. Case No. 151/93 and sent Constable Panchanand Singh to Forensic Science Laboratory, Patna for bringing the report which was brought on 28.7.1994 and detail of which is mentioned in para 142 of case diary of the present case. He has proye signatures of Y.K. Sinha (Exts. 2 and 2/1) on two reports) and has also proved his letter (Ext. 3) which he had sent to Sergeant Major, Bhagalpur for examination of recovered iron pipes and he has also proved the endorsement of Sergeant Major (Ext. 4). He has further proved the sanction report (Ext. 5) for prosecution under the provisions of Arms Act which is under the signature of the then District Magistrate Arun Kumar Singh and has further said that he submitted charge-sheet against the appellants keeping the investigation continuing against other persons. In cross-examination he has admitted that he neither recorded the statement of witnesses nor he visited the place of occurrence.