DINESH SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant application is directed against the judgment dtd. 28/2/2003, passed by the learned 3 rd Additional Sessions Judge, Bokaro, in Criminal Appeal No. 34 of 1996; whereby the appeal preferred by the petitioner has been dismissed and Judgment of conviction and order of sentence, both dtd. 16/2/1996, passed by the learned Judicial Magistrate 1 st Class, Chas (Bokaro) passed in T.R. No. 6 of 1996, arising out of G.R. No.1071 of 1992, whereby petitioner was convicted for an offence punishable under Sec. 414 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two years under Sec. 414 of the Indian Penal Code, has been sustained.

(3.) The prosecution case is based on the information received by the police and an FIR was lodged by the Inspector of Police, on 30/8/92 and forwarded to the Court of Chief Judicial Magistrate, Dhanbad and a regular case was registered, being Balidih (Chas) P.S. Case No.87/92 (G.R. No.1071/92) and accordingly the same was investigated. The prosecution case, in brief is that the then Officer-in-charge Balidih Police Station has spotted out one chocolate colored Maruti van bearing BR-17A7161 coming in high speed from Bokaro. That car was used in looting petrol pumps at Govindpur (Dhanbad) and a petrol pump at Nimia Ghat (Giridih) on 28/8/1992 and a wireless message had come to his police station from S.P. Bokaro to remain vigilant in this regard. On having seen the same number on the said maruti van, the informant Rama Nand Singh and ASI Devendra Jha who were going to Bokaro on a car turned back and began to chase the said van. In course of pursuing they have informed constable Saleem Khan of Balidih P.S. to follow them with adequate force of the police station. When the SI came near the petrol pump Balidih they saw that maruti van no. BR 17A/7161 standing near a sisam tree keeping a distance to 15 to 20 ft. from the said petrol pump. It was 3.30 p.m. They have also seen three persons sitting on the back seat of the van and one person sitting on the driver seat after keeping that van in starting position. His colleague S.I. Devendra Jha got down from the car and went to a nearby garage and soon thereafter returned with 15 to 20 persons. When four miscreants were proceeding towards the cash counter, the informant along with 15 to 20 numbers of public and ASI Devendra Jha surrounded them and began to raise alarm. In the meantime, his other staff SI Naval Kishor Singh, SI B.B. Tiwari, ASI S.N. Roy along with armed force reached there and they began to make a close circle and surrounded them. The further case of the prosecution is that seeing the strong assemblage of the police and public, those miscreants began to flee away but the informant hurriedly ran to the Maruti van and took the key of the van from its driver. All the miscreants then began to take out loaded revolver and other deadly weapon from their possession but the police as well as the public came heavily upon them and all the criminals were caught on the spot. On having been searched before two independent witnesses, a huge catch of country made pistol, live cartridges and bombs were recovered from their possession. Besides that a small bag containing Rs.6,259.00 (Rupees six thousand two hundred fifty nine) has also been recovered from Maruti van. The said chocolate colored Maruti van whose engine no. was F 8B-IN621076 and chassis No. was S.T-91-IN-873858 has also been seized and a seizure list has been prepared. On making query, all the criminals have stated that they have stolen this Maruti van whose original no. is BR-14A/8403 from Sonda Colliery under P.S. Bharkunda, District- Hazaribagh and had used this car in looting the petrol pump at Barbada (Dhanbad) and Suraj Petrol pump at Nimia Ghat (Giridih).