JAGDAMBI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellant and learned APP for the State on this Criminal Appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 29.2012 and order of sentence dated 01.03.2012 passed by learned Adhoc Additional Sessions Judge-VII, Purnia in Sessions Trial no. 768 of 2004 arising out of Bhawanipur P.S. Case No. 22 of 2004 whereby the learned trial court convicted the accused namely, Jagdambi Mandal for the offence punishable under Sections 307, 353 and 411 of the Indian Penal Code and Sections 25(1-B)A, 26(1) and 27(1) of the Arms Act and sentenced him to undergo R.I. for seven years and also slapped him with a fine of Rs. 2000/- under Section 307 of the I.P.C., R.I. for one year under Section 353 of the Indian Penal Code, R.I. for two years under Section 411 of the Indian Penal Code and R.I. for two years and also slapped him with a fine of Rs. 1000/- under Section 25(1-B) A of the Arms Act, R.I. for three years and also slapped him with a fine of Rs. 1000/- under Section 26(1) of the Arms Act, R.I. for three years and also slapped him with a fine of Rs. 1000/- under Section 27(1) of the Arms Act. All the substantive punishment were directed to run concurrently and in default of payment of fine to further undergo R.I. for three months under Section 307 of I.P.C., R.I. for one month under Section 25(1-B)A of the Arms Act, R.I. for one month under Section 26 (1) of the Arms Act and R.I. for one month under Section 27(1) of the Arms Act.

(3.) The factual matrix of the case is that Bhawanipur P.S. Case No. 22 of 2004 was instituted under Sections 307, 353, 411/34 of the Indian Penal Code and Sections 25(1-B)A, 26, 27 and 35 of the Arms Act against accused Jagdambi Mandal, Raju Mandal, Munna Mandal, Bauka Mandal, Lalmuni Mandal, Chhotan Mandal and Shambhu Mandal on the basis of written report of Uday Bahadur, S.I., P.S. Bhawanipur with the allegation, in succinct that on 22.05.2004 at around 3:00 PM he proceeded from the police station along with police personnel named in the written report in investigation and raid in connection with Bhawanipur P.S. Case No. 21 of 2004 lodged under Section 392 of I.P.C. and when they arrived in the forest of bamboo clump, banana, maize and sunflower located towards north east of the village Birsail on the basis of mark of tyre of looted motorcycle, the unknown miscreants hiding in the forest started escaping seeing the police party. On asking them to halt, they started resorting firing on the police personnel. He also resorted four rounds of fire from his official pistol and surrounded the miscreants, in that course, the accused Jagdambi Mandal was apprehended along with country made pistol and four live cartridges. He happens to be a veteran criminal and wanted in several criminal cases in different Police Station lodged against him. On the basis of his confessional statement, the looted motorcycle of Bhawanipur P.S. Case No. 21 of 2004 was recovered from his banana field. Seizure list of the seized arms and ammunition and looted motorcycle was prepared before the witnesses. Jagdambi Mandal also disclosed name of his fleeing accomplices as Shambhu Mandal, Munna Mandal Bauka Mandal, Lalmuni Mandal, Chhotan Mandal and Raju Mandal. Jagdambi Mandal along with aforesaid accused persons were seen by the local preceding and later to the occurrence. On taking the aforesaid persons in confidence, they divulged that the aforesaid accused had intruded into the said forest along with arms and ammunition and resorted firing upon the police.