UCHIT MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30th May, 2007 passed by the learned Additional District and Sessions Judge (Fast Track Court -IV), Darbhanga in Sessions Trial No.16 of 2005. By the impugned order, the sole appellant has been convicted under section 4 of the Indian Explosives Substances Act, 1908 (for short the Act of 1908) and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 10,000.00 and, in default thereof, to further undergo imprisonment for one year.

(2.) P.W.7 Anup Kumar, S.H.O., Baheri Police Station recorded his self statement at 6.10 a.m. on 9.4.2004 pursuant to which Baheri P.S.Case No.35 of 2004 was registered under sections 212, 216 and 120B of the Indian Penal Code (for short the IPC), section 17 of the Criminal Law Amendment Act (for short the CLA Act) and sections 3 and 4 of the Act of 1908.

(3.) In the FIR, it has been alleged by the informant that on 8.4.2004 at 8.30 p.m., the Deputy Superintendent of Police (Headquarters), Dilnawaj Ahmad, directed him to reach at Sonki police outpost. In obedience to the direction, he reached at the Sonki police outpost at about 9.30 p.m. along with Assistant Sub Inspector of Police, Mudrika Yadav and Police Constables, namely, Bhushan Prasad Singh, Akhileshwar Yadav, Kari Lal Yadav, Rajeshwar Rai, Shankar Prasad Singh and Mustafa Kamal and said that the Deputy Superintendent of Police (Headquarters), Sub Inspector-cum-Officer Incharge Kewati police station, S.A.Hashmi, Incharge Sonki police outpost, Sub Inspector Ajay Kumar, Constable Sunil Kumar, A.S.I. of CISF, Ravi Lochan Mandal and other police personnel were present there from before. The Deputy Superintendent of Police told them that as per information some extremists of banned terrorists organisation Moist Communist Centre (for short MCC) have assembled at the house of the appellant Uchit Mahto in village Arhargot. Under his instruction, a raiding party was constituted to nab the miscreants. Accordingly, the police team proceeded towards village Arhargot. When the police team reached near the house of the appellant, at about 2 a.m., some stray dogs started barking and some persons started running away. Though others managed to escape, but one of them was overpowered by the raiding party. On seeing the police party, some residents of the locality arrived there and in the presence of two independent witnesses, namely, Parmeshwar Pandit (P.W.2) and Chandeshwar Pandit (P.W.5), a search was conducted in the house of the appellant. A plastic bag hidden in a room caught attention of the raiding team. On opening the bag, it was found that 100 empty detonators, 9 detonators with fuse wire and 2 meters electric wire were kept in a carton. No plausible explanation could be given by the appellant in respect of those articles. On inquiry, he stated that members of the MCC party used to come to his house and even on that day they had come to meet him. He further disclosed that out of them he could recognise Baiju @ Govindjee, Santosh @ Manoj Lal Deo and Amar Lal Deo by name. He revealed that the aforesaid articles recovered from his house were given to him by the members of the MCC organisation in order to cause land mines blast during the election time which was scheduled to be held shortly.