RAUF SAH @ LAKHIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appellant is directed against the judgment of conviction and order of sentence dated 27.9.1999 passed in Sessions Trial No. 44 of 1998 whereby and whereunder the learned Sessions Judge, Bokaro held the appellant guilty under Section 5 of the Explosive Substance Act and convicted and sentenced him to undergo R.I. for five years and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo S.I. for one month.

(2.) PROSECUTION case in brief is that P.N. Singh, Officer -in -Charge of Chas P.S submitted a written report to the Office -in - Charge of Sector -XII P.S. to the effect that on 30.5.1997 at 10.00 a.m. he along with other police personnel and reserve force of his police station raided the house of Rauf Sah @ Lakhia in village Bharra P.S Chas in connection with investigation of Chas P.S. Case No. 128 of 1997 under Section 302 IPC and 27 of the Arms Act and in course of investigation of that case, he arrested him and on interrogation, Raut Sah disclosed that he along with his associate Alain Ansari of village Bharra P.S Chas after committing murder went to Sector -XII in quarter No. 2070 by Hero Honda motorcycle bearing registration No. BR -20A -5090. Rauf Shah further disclosed that Saldeo Singh had his office in this quarter No. 2070, but after his death Birendra Singh @ Biren Singh has been living in that quarter and he and his associate Alam Ansari take shelter after committing crime. He further disclosed that he had kept Hero Honda motorcycle bearing registration No. BR -20A -5090 and a pistol used in commission of murder in one of the rooms of that quarter. He further disclosed that four live bombs have been kept concealed in the earthen Handi with Pual in a room of that quarter. On this confessional statement, the informant along with the police party and the accused Rauf Sah went to that place and in the way, he took two local independent witnesses namely Naresh Kumar and Om Shankar Chaudhary and reached quarter No. 2070 and on pointing out of accused Rauf Sah @ Lakhia, four live bombs were recovered from an earthen pot kept covered with straw of pual in a room. Other articles were also seized along with four live bombs. In presence of independent witnesses, these articles were seized and seizure list was prepared and signature of independent witnesses was also obtained on the seizure list. On this written report, the Bokaro Steel City P.S. Case No. 150 of 1997 under Sections 4/5 of the Explosive Substance Act was registered and after completion of investigation, charge sheet was submitted under Sections 3, 4 and 5 of the Explosive Substance Act. Cognizance in the case was taken and the case was committed to the Court of Sessions and the learned Sessions Judge. Bokaro after recording the evidence of witnesses both oral and documentary held the appellant guilty and convicted and sentenced him as aforesaid.

(3.) PW 7 is the informant of the case. According to this witness, he along with other police officials raided the house of the appellant in connection with investigation of a murder case of Chas P.S. Case No. 128/97 under Sections 302 IPC and 27 of the Arms Act and arrested this appellant who made confessional statement and on his confession four live bombs were recovered from the P.O. which is a house bearing No. 2070 and live bombs were recovered from earthen pot in presence of PWs 2 and 3 and these bombs were seized in their presence and seizure list was prepared and their signatures were obtained on the seizure list. Other police officials have also corroborated the evidence of PW 7 and they have stated that they also participated in the raid and in their presence four live bombs were recovered on pointing out of this appellant from earthen pot kept concealed in one of the rooms of the house No. 2070. Though, PWs 2 and 3 have identified their signatures appearing on the seizure list, but have stated that no such bombs were recovered in their pre - sence. However, PWs 7 and 9 besides other witnesses have supported the recovery of bombs, preparation of seizure list and as such recovery of live bombs stands proved by the prosecution as claimed by the prosecution.