KAMALA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Thakur, learned counsel for the appellant assisted by Mr. Rajendra Kumar Jain, Mr. Ajay Kumar and Mr. A. M. P. Mehta, learned APP for the State.

(2.) This appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C') against the Judgment of conviction and order of sentence dtd. 30/6/2007 passed in Kako P.S. Case No. 108 of 1989 passed by the learned District and Sessions Judge-cum-Special Judge, Terrorist and Disruptive Activities (Prevention) Act, Jehanabad whereby and whereunder the appellant has been convicted for the offences punishable under Ss. 25(1-A) of the Arms Act with rigorous imprisonment for five years.

(3.) As per the prosecution case, Madan Mohan Singh, Assistant Sub-Inspector of Darhahaiya Picket Camp Police Station Kako at Maniyawan Miragah Camp has made a written report to the Officer-in-Charge Kako Police Station he was pasted Dernshaiya Camp which had been set-up after "DAMOH KHARARI KAND", designed to present illegal acts and the police personnel pasted there were expected to be Mobile all the time and in that connection he proceeded with other police constable Kaushal Kishore Singh, Subodh Singh, Dershiya Picket and during petrolling, they reached etc from at village Maniyawan Tola, Mir-Jagah at about 98.39 mid night and in front of house of Kamal Ram and Jai Ram 5-7 persons wee sleeping, one of them was asked about place of his residence, then initially he stated that it was Maniyawan but on pointed query he divulged that he come from Masaurhi in the night and from his possession on search, same papers concerning "Organization Mazdoor Kishan Sangram Committee were found and two other persons also got up Police and they were being taken towards when Station for further interrogation suddenly from the door of house of Kamal Ram one bomb was huried at the and police party simultaneously firing were made from Stenguns and police returned the firing. In the bomb explosion the left leg of constable Babu Lal Tudu was blown up and from the firing made by the accused persons constable 119 Kaushal Kishore singh, Constable 532, Bal Mukund Sharma Constable 368 Saheb Ram were grievously injured and one constable 38 Subodh Singh died at the spot, further that in firing by police two criminals also sustained injury and fell down and one of them accused persons and carried was away by the another remained there the police personnel injured were taken by the police party to the road and with the help of the villager they were taken on Tampo to the Divisional Hospital for treatment and Tampo Driver was asked to inform the head quarter and Constable Sahab Ram and Subodh Singh who had fallen injured put of them Subhod Singh succumbed Constable to Saheb Ram the injuries and another Police Jeep injured were still alive and on the taken for treatment. Thereafter the police personal went to the place of accurrence from where firing had been made and search the was made of the hosue of Kamal Ram and from said house one 303 bore Police Rifle was found and also a change with 18 bullets were present were also seized. cloths Also a bag was seized in which some and some other articles were present. Also a police loaded rifle of Saheb Ram was looted away by the accused. The informant further alleged that the Members of Mazdoor Kishan Sagram Samittee want only a hacked on the police partu resulting in death of police personal and also injuries to other police constables.