BIMLESH KUMAR @ BIMAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals have been preferred by the appellants against the common judgment dated 24.07.2017 and order of sentence dated 24.07.2017 passed by Sri Rajesh Kumar, Additional Sessions Judge, - I, Jamui in Sessions Trial No. 250 of 2016, whereby the appellants were convicted for the offences punishable under Sections 379/511 of the Indian Penal Code and were sentenced to undergo R.I. for two years, under Section 401 of the Indian Penal Code and sentenced to undergo R.I. for three years, under Section 3 of the Prevention of Damage to Public Property Act, and were sentenced to undergo R.I. for three years, and further convicted the appellants under Section 15(2) of Petroleum and Minerals Pipeline Act, 1962 and were sentenced to udnergo R.I. for five years, with a fine of Rs. 5,000/- and on default of payment of fine, further S.I. of three months. All the above sentences were directed to run concurrently.

(2.) Facts indispensable for adjudication of present appeals are that Officer In-charge, (P.W. 1) Simultalla police Station, recorded his self statement stating there in that on 23.12.2015 at 12.30 A.M., he received a secret information that at Simultalla Chandramnadih Road near Bijonabad, a car is parked and some persons were standing there and on that information, he along with his police force proceeded towards the said place and surrounded that place and found some persons were digging the field. On seeing the police party, some persons tried to flee away but seven persons including appellants, namely, Bimlesh Kumar @ Bimal Kumar, Karu Miyan @ Mustaffa, Ravi Singh @ Raviya, Sarvesh Kumar, Arjun Singh Yadav, Umed Singh and Chandra kishor Das and the persons, who were apprehended on the spot disclosed the name of persons, who had succeeded in fleeing away as Shambu Burnwal @ Shambu Sindurai (appellant) and Pramvir Yadav (appellant). It has also been alleged that police found two ditch near the pipe line in the field of one Monka Yadav measuring 2" length 3" width and 2 ½". Further on search police recovered one Mahindra Maxico, one Hero Honda generator, digging and welding machine, Kudal, Gaita, Rod and other articles. Seizure list was prepared and the same was handed over to all the accused persons.

(3.) On the basis of above, Simultalla P.S. Case No. 54 of 2015, under Section 379/511 and 401 of the Indian Penal Code, Section 15(2) and 14(4) of the Petroleum and Mineral Pipeline Act, Section 3/4 of the Explosive Substance Act and Section 3/4 of the Prevention of Damage to Public Property Act, was registered against the appellants and others and after investigation, charge-sheet was submitted on 19.02.2016 vide charge sheet no. 06 of 2016 against the seven above named accused persons except the appellant Paramveer Yadav and Shambu Burnwal @ Shambhu Sinduria.