ABHAY KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Since all these appeals originate against the common judgment of conviction and sentence on account thereof, have been heard together and are being decided by a common judgment.

(2.) Appellants, Abhay Kumar in Cr. Appeal (SJ) No. 602 of 2015, Munna Baitha in Cr. Appeal (SJ) No. 672 of 2015, Sanjay Singh Cr. Appeal (SJ) No. 681 of 2015, Sanjeev Kumar Rai @ Sanjeet Kumar in Cr. Appeal (SJ) No. 712 of 2015, Vickky Baitha @ Vikas @ Vikcy Chaudhary in Cr. Appeal (SJ) No. 723 and Sanjay Kumar in Cr. Appeal (SJ) No. 736 of 2015, have been found guilty for an offence punishable under Section 399 IPC and sentenced to undergo rigorous imprisonment for 10 years as well as to pay fine appertaining to Rs. 5000/-, under Section 402 of the IPC and sentenced to under rigorous imprisonment for seven years as well as to pay fine appertaining to Rs. 4,000/- (having no default clause) with a further direction to run the sentences concurrently with a further direction to set off the period having undergone during trial as provided under Section 428 Cr.P.C , 1973vide judgment of conviction dated 07.09.2015 and order of sentence dated 10.09.2015 passed by VIth Addl. Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 44 of 2015.

(3.) Ranjeet Kumar (P.W.5) recorded his own statement on 09.07.2014 at about 1 A.M. divulging the fact that on 08.07.2014 at about 9.30 P.M., he received confidential information with regard to assemblage of anti social elements at Sarai Bazar who are engaged in hatching a conspiracy to commit an offence which has been communicated to superior police officials and as per direction, police officials of Bhagwanpur police station have been requisitioned and then thereafter, raid has been conducted and during course thereof, it has been alleged that five persons, namely, Chandrarik Sahani, Sanjay Kumar, Abhay Kumar, Vinod Kumar Sahni and Babloo Sahni were apprehended while remaining escaped taking benefit of darkness, on search, from the possession of Chandrarik Sahni scissor like cutter was seized while from the possession of the Sanjay Kumar Screw driver, Binod Kumar rod, were recovered for which seizure list was prepared. Furthermore, it has also been disclosed that on interrogation, they have disclosed the names of their associate who managed to escape as Munna Baitha, Sanjay Singh, Sanjeet Kumar Vikas. It has also been disclosed by them that they were planning to commit dacoity in the house of a businessman at locality of Sarai market.