JIMEDAR THAKUR @ JAMINDAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Jimedar Thakur @ Jamindar Thakur @ Jamadar Thakur and Gopi Mistri have been found guilty for an offence punishable under Section 431/ 511 of the I.P.C. and each one has been sentenced to undergo R.I. for two years and six months, under Section 4 of the Explosive Substances Act and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.2, 000/- and in default thereof, to undergo S.I. for 15 days, under Section 17 of the Criminal Law Amendment Act and sentenced to undergo S.I. for six months with a further direction to run the sentences concurrently, with a further direction to set off of a period having undergone during course of trial vide judgment of conviction dated 08.09.2015 and order of sentence dated 10.09.2015 passed by the 4th Additional Sessions Judge, Aurangabad in Sessions Trial No.438 of 2012/ 01 of 2013.

(2.) Officer-In-Charge of Salaiya P. S. (PW-6) recorded his own fard-bayan on 26.08.2012, on the context that he along with other police officials as well as sepoy gone in conducting raid to apprehend the absconders and during course thereof, visited so many places and when they reached near a culvert lying South to villageRamraj Bibha, they found one person over road, who seeing the jeep unsuccessfully tried to flee, but was apprehended. He was searched out. Nothing incriminating has been recovered from his possession, but had disclosed that one person is under the culvert affixing cane bomb on an order of their highers, as they belonged to extremists group. Accordingly, culvert was cordoned and in the torch light, one person was found inside the culvert, who was apprehended and on interrogation, he disclosed his name as Jimedar Thakur @ Jamindar Thakur @ Jamadar Thakur, cane bomb along with other items as per seizure list were recovered and for that, seizure list was prepared. Accordingly, he recorded his self-statement on the basis of which, Salaiya P. S. Case No.29 of 2012 was registered and investigation was entrusted to PW-11 Ram Ratan Paswan, who accordingly proceeded with the investigation and submitted chargesheet after completing the same, facilitating the trial meeting with the ultimate result, subject matter of instant appeal.

(3.) Defence case, as is evident from mode of crossexamination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial. Furthermore, it has been pleaded that they have fallen victim of highhandedness of police. However, nothing has been adduced in defence.