GANESH MAHALI @ GANESH MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL five appeals since have arisen out of common judgment were heard together and are being disposed of by the common judgment.

(2.) ALL these appeals are directed against the judgment of conviction and order of sentence passed in S.T. No. 125 of 2009 S.T. No. 270 of 2009 whereby and whereunder, all the appellants on being found guilty for an offence under Section 399 of Indian Penal Code were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2000/each with default clause. Again, they except appellant -Ravi Shankar Singh were also found guilty for an offence under Section 402 of Indian penal Code and were sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 2000/each. Yet again appellant Girt Rao was convicted under Section 25(1 -A) and 26 of the Arms Act and was sentenced to undergo RI for seven years and to pay a fine of Rs. 5000/ - for each of the offences. Rest of the appellants were also found guilty for an offence under Section 15(1 -A)/35 of the Arms Act and were sentenced to undergo RI for seven years and to pay a fine of Rs. 5000/ -.

(3.) THE case of the prosecution is that the informant -Rajesh Prakash Sinha (PW 7), the then Officer In -charge of Olidih Out Post, while was discussing the matter with Umesh Pd. Singh, the then Officer Incharge, Bagbera Police Station, and Krishna Murari (PW 12), Officer In -charge of Persudih Police Station, in the matter relating to investigation of Mango (Olidih) P.S. Case No. 350 of 2008, a secret information was received that five persons boarded in a Indica Car are proceeding to commit offence of dacoity in the house of some businessman residing within the police station of Sundernagar. Upon it, the informant passed on this information to the Officer In -charge of Sundernagar Out Post. Thereupon, informant Rajesh Prakash Sinha (PW 7) and Krishna Murari (PW 12) went towards Karandih Chowk whereas Officer In -charge of Bagbera Police Station and Officer In -charge of Sundernagar as well as Govindpur Police Station with their team went on different direction and started keeping watch on the person passing through. When the informant went slightly ahead of Karandih Chowk, he saw an Indica Car bearing Registration No. JH05 Q 5128 coming over which 5 to 6 persons were seen sitting. The said car when was intercepted, the persons sitting over there tried to fleeing away from there but they were caught hold of and when personal search was made, appellant -Girl Rao was found in possession of a 7.65 m.m. pistol with six live cartridges which he had kept it in the pocket of his Full pant. Two mobiles were also recovered from his possession. Further, on search being made, appellant -Ram Ratan Yadav was found in possession of one bhujali and from possession of appellant Krishna Pandey one Iron Dab, which has been concealed in his Jacket, was found. Appellant Tushar Agrawal was found in possession of one mobile. None of the persons could be able to produce any document of it and hence, it were seized in presence of two witnesses under Seizure List (Ext. 1/2) and copy of the Seizure List was given to the accused persons. Seized firearms, cartridges and other weapons were sealed.