MD MANGALA @ MANGLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 20.6.2014 and order of sentence dated 25.6.2014 passed by Shri Radha Krishna, learned Sessions Judge-cum-Special Judge, Katihar in G.R.No. 11 of 2013, arising out of Kishanganj Rail P.S.Case No.3 of 2013 (State vs. Md. Mangala), by which the learned Sessions Judge has convicted the appellant under Section 328 of the Indian Penal Code as well as 307, 379, 411 IPC and Section 22 of the Narcotic Drugs and Psychotropic Substance Act and sentenced him to undergo rigorous imprisonment for 10 years under Section 328 IPC with a fine of Rs.5000/- and in default of payment of fine he was to undergo further imprisonment for six months and also sentenced to undergo R.I. for 10 years under Section 307 IPC with a fine of Rs.5000/- and in default of payment of fine he was to undergo further imprisonment for three months and also sentenced him to undergo R.I. for three years for the offence under Section 379 IPC with a fine of Rs.2000/- and in default of payment of fine he was to undergo imprisonment for three months, sentenced him further R.I. for three years and a fine of Rs.2000/- and in default of payment of fine he was to undergo imprisonment for three months and lastly sentenced him to undergo rigorous imprisonment for 10 years for the offence under Section 22 of N.D.P.S. Act with a fine of Rs.50,000/- and in default of payment of fine he was to undergo six months imprisonment and all the sentences were directed to run concurrently.

(2.) Prosecution case, in short, on the basis of statement made by one Md. Rashid Alam (P.W.5) in which he has stated before S.H.O. of G.R.P., Kishanganj on 8.2.2013 at 2.30 hours near north booking counter of Kishanganj Railway Station alleging, inter alia, that on 7.2.2013 at about 9 P.M. he along with his friend Tauquir Alam had come to the Railway Station, Kishanganj to receive his younger brother Md. Rahid Alam. On 7.2.2013 at 10.30 P.M. the informant had talked to his younger brother Md. Rahid on his mobile and he had apprised of this that he was traveling by train No. 15645 UP L.T.T. Guahati Express in Sleeper Coach No.S-5 and coming to Kishanganj and that train had started from Katihar Railway Station and he had a small box and a bag with him. He has also stated that thereafter he contacted his brother after an hour on Mobile No. 08355880561 but received no reply. Further prosecution case is that at about 12.45 A.M. the train reached at Kishanganj Railway Station and informant started searching his brother at Platform No.1 but he could not meet and after five minutes the train proceeded from Kishanganj Railway Station and in the meantime he informed about the same to police party and the police in turn informed G.R.Police Station of New Jalpaiguri. Further prosecution case is that thereafter police started searching him and in course of search near northern booking counter by the side of telephone booth, two persons were found in suspicious condition carrying a tin box and on seeing the police party, they started fleeing away but police apprehended them and they disclosed their names as appellant and one more accused person.

(3.) On the basis of fardbeyan, Kishanganj Rail P.S.Case No.03 of 2013 was registered on 8.2.2013 under Sections 328, 307, 379, 411/34 of the Indian Penal Code and 20/22 of Narcotic Drugs and Psychotropic Substance Act and after completion of investigation charge sheet was submitted against the appellant and one more accused person on 28.2.2013 under Section aforesaid Sections of the IPC and 20/22 of N.D.P.S. Act and cognizance of the offence was taken on 5.3.2013 and thereafter charges were framed on 11.4.2013 under Section 22 of N.D.P.S. Act and Sections 328/34, 307/34, 379 and 411 of the IPC, which was read over and explained to the accused persons in Hindi, to which they pleaded not guilty and claimed to be tried.