JANKI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No.494 of 2016 wherein Sujit Khaira alias Sujit Kumar Khaira alias Jagdish Kora is the appellant and Criminal Appeal (SJ) No.532 of 2016 of 2016 wherein Janki Mandal is the appellant have been heard analogously and are being disposed of by a common judgment as, both the appeals arise out of common judgment of conviction and order of sentence.

(2.) Both the appellants namely, Janki Mandal as well as Sujit Khaira alias Sujit Kumar Khaira alias Jagdish Kora have been found guilty for an offence punishable under Section 395/34 of the IPC and they each has been sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.20,000/- and in default thereof to undergo S.I. for one year additionally, under Section 412 of the IPC and each one has been sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.20,000/- and in default thereof to undergo S.I. for one year additionally, under Section 307/34 of the IPC and each one has been sentenced to undergo R.I. for 10 years as well as fine of Rs.10,000/- and in default thereof to undergo S.I. for one year additionally, under section 353/34 of the IPC and each one has been sentenced to undergo R.I. for two years and under Section 25(1-A) of the Arms Act and each one has been sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.20,000/- and in default thereof to undergo S.I. for one year additionally, with a further direction that the sentences shall run concurrently vide judgment of conviction dated 30.04.2016 and the order of sentence dated 02.05.2016 passed by the learned Sessions Judge, Jamui in Sessions Trial No.457 of 2013/U.A.P). Case No.53 of 2015 arising out of Chandramandih P.S. Case No.25 of 2013.

(3.) Before coming to main track, certain salient feature of the present scenario appears necessary to be discussed. While the informant along with other police personnel, as directed by the S.D.P.O., Jhajha had gone to watch over the activity of the members of the outfit organization (Maowadi) they were informed regarding commission of dacoity at the State Bank of India, Nawadih Silphari Branch whereupon, the informant Hare Ram Sah informed the Police Station with a request to rush along with additional police force while he along with his team proceeded towards Nawadih Silphari. During midst of way, they met confrontation with the criminals, who were returning on five motorcycles after commission of dacoity at the State Bank of India, Nawadih Silphari Branch and during course thereof, there was cross firing and during course of hot chase, these two appellants were apprehended while the remaining managed to escape.