BAMIYA MAJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State.

(2.) The petitioner is an accused in a case registered under Section 414 of the I.P.C. and Section 33/42 of the Indian Forest Act.

(3.) The learned counsel for the petitioner has submitted that the prosecution case in brief is that the present case has been instituted on the self statement of the S.I. Joseph Francis Tirkey, Officer-in- charge of Chhotanagra P.S.wherein it is alleged that the informant received a confidential information that illegal mining of stones is going on at Gitileda near village Dubil. Thereafter, the informant constituted a raiding party and proceeded there. When they arrived near Village Dubil, they saw seven dumpers in empty condition, are going towards Manoharpur in a high speed. The informant tried to intercept those dumpers, but the dumpers fled away. The informant could not observe the number of those dumpers. The informant thereafter, proceeded towards village Dubil at Gitileda, and there, the informant found some iron ores illegally mined stacked there. The informant, then from the villagers, came to know that Bamiya Majhi, (the petitioner), Ruidas Champia, Raity Champia, Kundan Aditya, Gonda Das, Chand Tie, had come there and they asked the labourers to load the illegally mined iron ores on their dumpers and when they came to know about the arrival of the police, then, all of them fled away with their dumpers. Thereafter, the informant made a seizure of iron ores weighing about 15 tonnes, from the place of occurrence and instituted the present case.