KANHAIYA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Kanhaiya Mahto has been found guilty for an offence punishable under Section 4(B) (1) of the Explosive Substance Act and sentenced to undergo R.I for 10 years as well as to pay fine appertaining to Rs. 10,000/ and in default thereof, to undergo S.I for one year additionally, under Section 5 of Explosive Substance Act and sentenced to undergo R.I for 10 years as well as to pay fine appertaining to Rs. 10,000/- and in default thereof to undergo S.I for one year with a further direction to run the sentences concurrently, vide judgment of conviction dated 18.09.2015 and order of sentence dated 22.09.2015 passed by 9th Additional Sessions Judge, Saran at Chapra in connection with Sessions Trial No. 277/2003/3334/2014.

(2.) Priya Ranjan Kumar Mehta (PW-1), O.C. of Ekma P.S. recorded his own statement on 29.12002 divulging the fact that during course of night patrolling on 28.12002, when they came at Parsaghar Bazar, they got confidential information with regard to presence of renowned criminal Kanhaiya Mahto who, was in a way to commit a crime whereupon, they proceeded, came at post office road and as soon as they reached near the house of Mahendra Sah, they found one person standing having a Jhola in his hand who, seeing the police unsuccessfully tried to escape, apprehended and having been searched in presence of two seizure list witnesses namely, Arun Kumar as well as Imamuddin, six live bomb were recovered from the Jhola and for that, search and seizure list was prepared. It has also been disclosed that aforesaid Kanhaiya Mahto happens to be notorious criminal being an accused of a murder as well as he also happens to be wanted in connection with Daudpur P.S. Case No.111 of 2002 registered under Section 399/402 of the IPC and 25 (1-B), 26, 35 of the Arms Act.

(3.) After registration of Ekma P.S. Case No. 116/2002, investigation commenced and after concluding the same, charge-sheet was submitted facilitating the trial meeting with the ultimate result, subject matter of instant appeal.