LAKHAN YADAV @ LAKHAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the time of prayer for bail, it has been submitted at the end of learned counsel for the appellants that against the sentence having been inflicted to the appellants to the tune of RI for five years, appellants are under custody since 17.04.2015 and on account thereof, more than four years have elapsed whereupon, it has been thought prudent to hear the appeal on its merit than to croon over ancillary event.

(2.) Appellants, Lakhan Yadav @ Lakhan Das and Sunita Marandi have been found guitly for an offence punishable under Section 25(1-A), 26(2) of the Arms Act and each one has been directed to undergo RI for five years as well as to pay fine appertaining to Rs. 10,000/- in default thereof, to undergo SI for six months, additionally, under both counts, independently, with a further direction to run the sentences concurrently vide judgment of conviction dated 26.11.2018 and order of sentence dated 28.11.2018 passed by the Sessions Judge, Jamui in UAP Case No. 59/2015 arising out of Chandradip PS Case No. 28/2015.

(3.) Jyoti Kumar (PW 2), Officer Incharge of Chandradeep PS recorded his own Fardbeyan on 16.04.2015 at about 2:20 AM at the hilly area of Bhaluna Jangal disclosing therein that as per direction given by Superintendent of Police, Jamui to intercept the members of the Naxal outfit whose movements have been reported at the southern extremity of Bhaluna Jagal, a raiding party was constituted and proceeded on 16.04.2015 at about 2:20 PM and, intermingled with the other arms personnel who were present since before and engaged in cordoning the area (detailed names of SSB Constables, CRPF Constable, STR, QRF). After arrival of police high-ups, the team was bifurcated in two parts, one under the leadership of S.P. Jamui and another under the leadership of ASP, operation Jamui. When they intruded inside the jungle, some activities have been perceived whereupon, the persons were directed to stop but, they have escaped towards dense forest area who were chased and during course thereof, one lady as well as one male along with weapons possessed by them, were apprehended, who were taken into custody, interrogated and during course thereof, the male member disclosed his name as Lakhan Yadav son of Shankar Yadav resident of village Chilkakhar, while female disclosed her name as Sunita Marandi daughter Munna Marandi, resident of village Asarakho, P.S. Sono. Then thereafter, each one was searched out and during course thereof, from the possession of Lakhan Yadav, one Insas Rifle bearing Arsenal No. 16837839, on removal of magazine, 16 rounds of live cartridges were found loaded, two separate magazines each containing 20 rounds of loaded live cartridges, 5.56 MM live cartridges (74 pieces), one mobile, one walky-talky, two hand grenades while from the possession of Sunita Marandi, one 9 MM machine carbine bearing Arsenal No. 16204338 and on removal of magazine 25 rounds of live cartridges, two magazines having 26 rounds in each, all live, one pouch having 45 live cartridges of 9 MM. One mobile, one pitthu anklet, one pair, whistle dor, one pair, dress two pairs were seized and for that, seizure list was prepared in presence of Dinesh Rawat and Brahamdeo Yadav.