RATTU KORA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Rattu Kora has been found guilty for an offence punishable under Section 148 IPC and sentenced to undergo RI for three years as well as to pay fine of Rs. 5000/- in default thereof, to undergo SI for three months additionally, under Section 353/149 IPC and sentenced to undergo RI for two years as well as to pay fine of Rs. 2000/- in default thereof, to undergo SI for one month, additionally, under Section 307/149 IPC and sentenced to undergo RI for ten years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo SI for six months, under Section 27 of the Arms Act and sentenced to undergo RI for three years as well as to pay fine of Rs. 5,000/- in default thereof, to undergo SI for three months, additionally, with a further direction to run the sentences concurrently with a further direction to set off the period already undergone during trial as provided under Section 428 of the CrPC, by Additional Sessions Judge-1st, Munger in Sessions Trial No.643/2014 vide judgment of conviction dated 06.10.2018 and order of sentence dated 08.10.2018.

(2.) Sanjiv Kumar (PW 3) recorded his self statement on 21.01.2014 at about 12:30 PM divulging therein that on the same day about about 1:00 AM, the Superior Police Officials including Superintendent of Police, Munger along with other Officials of CRPF came at the police station and informant that there happens to be confidential information with regard to presence of Naxalites at Paisra Village where they have convened a meeting to plan to commit an occurrence whereupon, the raiding parties were divided in so many groups, raid was conducted and during course thereof, there was firing at the end of Naxalites which was properly reiterated. Naxalites, seeing the situation to be hostile to their interest, slipped towards densed forest. The police party during course of search found a hut where a man was sitting upon six bags kept one over another. On query, he disclosed his identity as Rattu Kora, appellant and also disclosed that all the bags are full of grains. However, on opening the bags, detonators, hand-granades, parts thereof, were seized and for that, seizure list was prepared. He further disclosed that Maowadis had convened a meeting at his place where, they left literature relating to his organization and the same was also seized. He had also disclosed the names of some of them as, Dukho Kora, Takiman Kora, Narain Kora and accordingly, they have also been named in the FIR.

(3.) After registration of Dharhara PS Case No. 10/2014, investigation commenced and concluded by way of submission of charge-sheet only against the appellant, on account of being under judicial custody keeping the investigation pending against others, happens to be the basis of trial which ended by way of recording finding of guilt and sentence against the appellant, subject matter of the instant appeal.