SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) On call, learned counsel for the appellant is absent, on account thereof, Sri Animesh Kumar Mishra has been requested to assist the Court as an Amicus Curiae.

(2.) Appellant, Sanjay Singh has been found guilty for an offence punishable under Section 399 of the I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.3,000/- and in default thereof, to undergo R.I. for three months, additionally, under Section 402 of the I.P.C. and sentenced to undergo R.I. for five years with a further direction to run the sentences concurrently vide judgment of conviction dated 27.04.2015 and order of sentence dated 29.04.2015 passed by the 3rd Additional Sessions Judge, Gopalganj in Sessions Trial No.152 of 2014.

(3.) Shailendra Kumar (PW-9) recorded his self-statement on 27.06.2013, disclosing therein that while he along with other police official namely A.S.I. Prakash Kumar (PW-6), A.S.I. Amit Kumar Singh (PW-5), A.S.I. Gautam Kumar (PW-10), A.S.I. Chandrashekhar Azad (PW-3) along with Constable Rafail Dhanwar (not examined), Sepoy Anil Kumar Singh (not examined), Sepoy Ramashray Pal (not examined), Sepoy Kush Kumar Yadav (not examined), A.S.I. Ram Babu Vishwakarma (not examined) and Chaukidar Kundan Manjhi (PW-7) were on patrolling during course thereof, at about 1.30 a.m. while they were at Konhawa Mor, they got confidential information that renowned criminal of Derwan village, who has just now been released from Jail along with his associate, is sitting at an orchard of Rajendra Bherihar and is planning to commit an offence. The aforesaid confidential information was passed over to superior police officials. At that very time, Officer-in-Charge of Kuyaykot P.S. Ravi Shankar Prasad (PW-8) along with police personnel A.S.I. Bijendra Paswan (PW-4), Sepoy Sanoj Kumar Suman (not examined), Sushil Kumar (not examined), Madan Mishra (not examined), Sitaram Rai (not examined) came and informed that they have got some sort of confidential information with regard to presence of accused persons of Kuyaykot P.S. Case No.139 of 2013, whereupon they both conjointly conducted raid at orchard of Rajendra Bherihar and during course thereof, the criminals after firing, ran away there from, who were chased and during course thereof, three persons were apprehended while remaining managed to escape. The persons, who were apprehended, disclosed his identity as Sanjay Singh, son of Ram Barai Singh of village-Ekderwan, Farman Ali, son of Mehndi Hasan of village-Jagmalwa, Pratap Kumar Yadav, son of Ramashray Yadav of village-Hahora Tola. On search, from the possession of Sanjay Singh, a countrymade loaded pistol, one Nokia Mobile, from the possession of Farman Ali, one countrymade loaded pistol, mobile, from the possession of Pratap Kumar Yadav, a countrymade loaded pistol and mobile were seized. One Appache motorcycle has also been recovered from the place of occurrence. So many mobile sets were found and for that, relevant seizure list were prepared. On query, they failed to explain possession thereof. On interrogation, Sanjay Singh also disclosed that they have snatched away motorcycle on 15.06.2013 from Patnakutti within Kuyaykut P.S. jurisdiction.