AJOY MALAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Earlier it was directed that both the Cr. Appeals bearing No. 340/2015 and 370/2015 arising out of common judgment should be listed conjointly but, due to lapses Cr.Appeal No. 370/2015 was not listed analogously and so, it has been, later on, notified and taken up.

(2.) In Cr. Appeal No. 340/2015, Ajoy Malakar is the appellant while in Cr. Appeal No. 370/2015, Ahmad @ Amar as well as Md. Zahid are the appellants which arose on account of conviction and sentence recorded vide judgment dated 28.04.2015 and order dated 30.04.2015 passed by 1st Additional Sessions Judge, Kishanganj in Sessions Trial No. 1468/2012 arising out of Pothia PS Case No. 95/2012 whereby and where under the appellants have been found guilty for an offence punishable under Section 412 IPC and sentenced to undergo RI for seven years as well as also slapped with fine of Rs. 5000/- in default thereof, to undergo SI for six months additionally, accordingly have been heard together and are being disposed of by a common judgment.

(3.) On account of recovery of two unknown dead bodies, Pothia (Paharkatta) PS Case No. 95/2012 was registered under Sections 302/201 of the IPC against unknown at the instance of Anwar Hussain ASI, (PW-2) of Paharkatta PS with a disclosure that on getting rumour with regard to presence of two dead bodies in the Badhar of Dehalbari, he entered the same in station diary and proceeded to place of occurrence. After reaching on the spot, he found the dead bodies. There was assemblage of a large number of persons but none of them claimed identification thereof. During course of investigation, as it appears, both the dead bodies were identified to be of driver and Khalasi of a Truck bearing Registration No. WB-25B-9315 and further, the said truck fell victim of road dacoity while was in a way to Guwahati from Kolkata carrying grocery items. Furthermore, it is also apparent that on confidential information, Investigating officer, PW-14 got an information with regard to involvement of a particular group and one of the members thereof, Md. Zahid (One of the appellants) was intercepted and further it has been alleged that on interrogation he made inculpatory extrajudicial confessional statement and also disclosed that the booty is kept at the Godown of Sitaram Chaurasia (since deceased) where raid was conducted and items as disclosed in the seizure list were found and seized. It is also evident that apart from apprehension of other accused, one Ajoy Malakar (one of the appellants) was also arrested from whose house items as per seizure list were recovered. It is further evident that during course of TIP, those items were identified by the transporter and consequent thereupon, charge-sheet was submitted against these appellants under Sections 396/412 of the IPC keeping the investigation pending against others and on the basis thereof, cognizance was taken which ultimately facilitated the trial which concluded in a manner, the subject matter of these appeals.