JOSEPH EKKA, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants; in Cr. Appeal (D.B.) No. 390 of 2015 Joseph Ekka and in Cr. Appeal (D.B.) No. 480 of 2015 Ranthu Oraon @ Bimal Toppo, have challenged the judgment of conviction under section 302/149 and section 147 of the Indian Penal Code, section 3(1) of the Explosive Substance Act, section 17 of the Criminal Law Amendment Act, section 27(1) of the Arms Act and section 13 of the Unlawful Activities (Prevention) Act dated 27.05.2015 and the order of sentence dated 01.06.2015 passed for the aforesaid offences against them by the learned Principal Sessions Judge, Gumla in Sessions Trial No. 239/10.

(2.) The appellants have been convicted and sentenced for causing death of Arvind Sarkar, Prakash Minz and Pramod Singh by exploding LMV vehicle on 22.11.2009 and causing injuries to 10 police personnel who were part of the police team which was carrying anti-naxal operation 'Tridev'.

(3.) The informant of this case is the Investigating Officer who has been examined during the trial as PW-9. On the basis of his own statement he has lodged Bishunpur P.S. Case No. 37 of 2009 against ten accused persons who along with 70-80 unknown extremists have participated in the occurrence. In his statement dated 22.11.2009 the Investigating Officer has recorded that pursuant to memo no. 3070/C dated 21.11.2009 from the police headquarters, Ranchi in connection to operation 'Tridev' a police team constituting police personnel from Bishunpur police station and CRPF had proceeded on Manari - Banalat road. When the Anti-land Mine Vehicle was moving towards Jori from village Lapung, at about 11:55 a.m. he heard sound of explosion. The Anti-land Mine Vehicle was thrown 20-25 ft. in the air and when it hit the ground the extremists started firing at the police party indiscriminately. The police team has also started firing in self-defence. In the meantime, Sanny Alok Tigga reached there with his armed forces and they also started firing on the extremists. Thereafter, seven rounds of Mortar were fired on the extremists by the order of the Additional Superintendent of Police (Operations), CRPF whereafter the extremists started fleeing away. They were chased by the police force for about one kilometer but taking benefit of the terrain they escaped. During the exchange of fire they were addressing each other by the name of Nakul Jee, Silvester Jee, Uday Jee, Rajendra Oraon, Budheshwar Oraon, Joseph Ekka, Ranthu Oraon, Sunil Oraon, Sachin, Rajesh etc. They were firing from a distance of about 70-80 meters from the place of explosion and they had taken position near a nala. The injured police personnel, namely, Chandradeo Mandal, Prakash Minz, Pradeep Rai, Ajit Rai, Farooque Hussain, S.P. Sujin Kumar, S.C. Munu, Franklin, Joseph Minz, Suman Sharma, Dayamay Mandal, S. Krishna Kumar, Arvind Sarkar and Pramod Singh were taken to the Primary Health Centre, Gumla for treatment. The informant has claimed that about 600 rounds were fired by the extremists and in the counter exchange of fire 456 rounds were fired by the police personnels besides 7 High Explosive Bombs (Mortar). The informant has inspected the place of occurrence and found blood marks and recovered 51 empty cartridges and 70 meters of electric wire. In his statement dated 22.11.2009 the Investigating Officer has given description of the empty cartridges, damaged vehicle and other details of the occurrence.