ISHWAR SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Animesh Kumar Mishra, Adv. as Amicus Curiae for the appellant and the State.

(2.) The appellant has been convicted under Section 5A of the Explosive Substances Act and has been sentenced to undergo rigorous imprisonment for four years and a fine of rupees one thousand.

(3.) The prosecution case in the first information report by the informant Ranjit Kumar P.W. 1 that he is at present Officer-in-Charge of Bariarpur Police Station and giving his self statement on 15.11.2009 at 06.30 A.M. in village Banbarsa in front of the house of Ishwar Sah on the road that today at about 01.00 A.M. the Officer-in-Charge, Kharagpur, informed that one Manoj Paswan has been arrested and in his confessional statement he has disclosed that one Ishwar Sah, son of Jago Sah, resident of village Ume Banbarsa, P.S. Bariarpur, district Munger, has kept explosive substances and he used to supply explosive substances to Maoist and the explosive substances can be recovered if the raid is conducted. The informant recorded sanha of the said information and informed about this information to the Superintendent of Police, Munger, for verification of report and raiding party of forces were constituted and under the leadership of Deputy Superintendent of Police as well as Officer-in-Charge, Kotwali Police Station, Officer-in-Charge, Muffasil Police Station, Officer-in-Charge of Quasim Bazar Police Station, Officer-in-Charge, Bariarpur Police Station, Officer-inCharge, Jamalpur Police Station, Officer-in-Charge, East Company and Assistant Commandant of Kharagpur proceeded under the leadership of Sadaram Singh and reached village Umi Banbarsa and waited for the sun rise and, thereafter, the raid was conducted in the house of Ishwar Sah. The, further, case is that after sun rise while the police was entering into the house to conduct raid in the meantime, one person flee away from the back of the house, the police though tried to catch hold of him, but, in vain. Thereafter, during the search of the house another person also tried to flee, but, he was caught hold of by the police and on enquiry he disclosed his name as Ishwar Sah and from his house, on search ten hand-grenades, fuse wire and gelatin was recovered and the same were seized and seizure list prepared. During the inquiry from said Ishwar Sah, he disclosed that the person who fled away was Dablu Mandal who supplies the explosive to the Maoist. It was, further, disclosed that explosive substances were also in the house of Sunil Turi and Bheem Turi and if the raid is conducted immediately, then, explosive substances will also be recovered from their houses. The raiding party conducted the raid in the house of Sunil Turi and Bheem Turi and explosive substances recovered were seized, seizure list prepared and on the self statement of the informant, first information report lodged. After lodging the first information report the investigation proceeded. During investigation, the sanction was obtained under the Explosive Substances Act, the seized articles were sent to the Forensic Science Laboratory for examination and a report of Forensic Science Laboratory has been received. The police after investigation submitted the charge sheet. After submission of the charge sheet cognisance taken, case committed to the Court of sessions and, thereafter, the charges were framed for offences under Sections 3, 4 and 5 of the Explosive Substances Act, after framing of the charge the trial proceeded and during the trial eight witnesses were examined by the prosecution.