GHOLTU MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the one and the same judgment of the trial Court. The appellants have been held guilty and convicted of the charges under Ss. 399 and 402 of the Penal Code (hereinafter to be referred to as 'the Code') and each one of them has been sentenced to undergo rigorous imprisonment for seven years under each count.

(2.) According to prosecution, the Police Patrol Party, while on round duty got some scent that a few persons had assembled in a house which was under construction, made a raid and succeeded in apprehending all the three appellants. But a few of them numbering about four could manage to escape. Incriminating articles like firearms, some bombs and Bhujali were recovered from their possession. The prosecution alleges that the appellants along with others had assembled for the purpose of committing dacoity and that they were making preparation for the same.

(3.) The appellants were taken into custody. The incriminating articles recovered by the police were seized and a seizure list was also prepared in presence of two independent witnesses, namely, P. Ws. 5 and 6. The accused appellants were taken to police station. S.I. of police Ram Rekha Singh (P.W. 4) who was in the raiding party gave statement before the Officer-in-charge of Dhanbad Police Station. On the basis of that, the first information report was drawn up and the case under S. 399 read with S. 402 of the Code was registered. The same witness i.e. the informant (P.W. 4) was entrusted with the job of investigation. After completing investigation, charge-sheet was submitted and the accused-appellants were thus put on trial. In the first information report, it has been said that the appellants had confessed before them that they had assembled there for the purpose of committing dacoity.