UDAY GIRI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant. On previous occasion also, there was absence whereupon Sri Baban Rai has been requested to assist the court as an Amicus Curiae. Heard learned Amicus Curiae as well as learned APP.

(2.) Appellant, Uday Giri has been found guilty for an offence punishable under Section 25(1-b) a of Arms Act and sentenced to undergo RI for 3 years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo SI for six months, under Section 26 of the Arms Act where under also directed to undergo RI for 5 years as well as to pay fine appertaining to Rs. 10,000/- in default thereof, to undergo SI for six months, additionally, with a further direction to run the sentences concurrently vide judgment of conviction dated 205.2015 and order of sentence dated 25.05.2015 passed by 2nd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 07/2013.

(3.) Shardendu Sharan (PW 4), O/C Khaira PS recorded his self statement on 21.05.2012 at about 1.55 PM at village, Kakariya Mathiya disclosing therein that today at about 9.30 AM Officer-in-charge of Town PS has informed that two under trial prisoners, namely, Uday Giri and Dharmendra Rai escaped from court Hajat. It has also been disclosed that Sasural of Uday Giri lies at village, Kakariya Mathiya in the house of Prabhu Giri and so, there happens to be probability of his presence there whereupon, after making SD entry, he along with other police officials, armed constable proceeded. At about 12.20 PM, he was confidentially informed that two persons have come at the place of Prabhu Giri on tempo whereupon they came at the house of Prabhu Giri. Just after seeing the police, one person tried to escape who was apprehended by ASI, Khalid Akhtar, Constable, Mahesh Bek, Chaukidar, Dharmendra Rai and during course thereof, that person brick batted upon them. Even after apprehension he gave bite. Seeing no scope of escape, he shouted Dharmendra to shot, whereupon one person came out and shot at Khalid Akhtar but missed. Thereafter, he scaled wall and escaped therefrom. Thereafter, the apprehended accused was interrogated who disclosed his identity as Uday Giri son of Late Basudeo Giri Resident of Mohalla/Village-Katharibag, P.S. Chapra Town, District Chapra (Saran).