SUNIT KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal (SJ) No. 193 of 2025 has been filed on behalf of the appellant challenging the impugned judgment of conviction and sentence dtd. 29/1/2025 passed by Sri Nalin Kumar, then learned Sessions Judge, Garhwa arising out of Kandi P. S. Case No. 20 of 2017 corresponding to G. R. Case No. 409 of 2017 [Sessions Trial Case No. 40 of 2018 (A)] by which the appellant has been convicted for the offences under Ss. 25 (1-B) a and Sec. 26 (1) of the Arms Act and sentenced to undergo R. I. for a period of five (5) years and to pay the fine of Rs.5,000.00 for the offence under Sec. 25 (1-B) a of the Arms Act and sentenced to undergo R. I. for a period of Three (3) years and to pay the fine of Rs.5,000.00 for the offence under Sec. 26 (1) of the Arms Act.

(2.) The case of prosecution, in brief, as per the self- statement of S.I. Ashit Kumar Singh, Officer-in-charge, Kandi P.S recorded on 5/3/2017 at six hours at village Chauka in front of house of Vikash Dubey is that for the last few days, he was receiving information that the notorious criminals of Chauka village Vikash Dubey and Arun Dubey of village-Belhara both of whom are presently lodged in the Hazaribag jail had been in continuous contact with their colleague instructing them to collect Rangdari from the contractors working on different projects under Kandi Police Station and for assuring that the contractors comply to their dictate, were involved in conspiring to materialize some big criminal event. A sanha in this respect was already recorded in police station. He also received information that some of the members of Vikash Dubey and Arun Dubey gang are likely to come and stay at the house of Vikash Dubey in the night and from there they have to extort money. He then informed this matter to S.P., Garhwa on 4/3/2017 at about 08:00 A.M. At about 09:45 P.M, Superintendent of Police, Garhwa directed him to come along with armed forces of Kandi P.S to his secret office at 11:30 P.M. As per the direction he along with Officer-in-charge Vijay Kumar of Chiniya P.S proceeded from Chiniya P.S while directed A.S.I Sudama Pandey of Kandi P.S to immediately move along with reserve guards to the secret office of Superintendent of Police, Garhwa. In the night about 11:15 he along with S.I Binay Kumar, Officer in-charge Chiniya, A.S.I Sudama Pandey Kandi P.S, Reserved Guard Hawaldar Munnib Rai Kandi P.S., Constable 1094 Ram Kumar Tiwari, Constable 985 Hare Krishna Prasad, Chaukidar 901 Sanjay Paswan, Chaukidar Constable 949 Nitesh Kumar Shukla were present at the secret office of Superintendent of Police. After consultation with S.P under the leadership of S.D.P.O., Garhwa Sameer Kumar, inspector Anil Singh, Officer-in-charge, Garhwa P.S, Inspector Niranjan Kumar Officer-in-charge Nagar Untari, Inspector Binay Kumar Officer-in-charge, Chiniya, he himself Officer-in-charge Kandi, A.S.I Sudama Pandey along with the forces proceeded to commit raid at village Chauka. Then on 5/3/2017 at about 01:00 A.M he along with the raiding team under the leadership of S.D.P.O., Garhwa Sameer Kumar Tirkey along with QRT Garhwa District force proceeded from secret office of S.P., Garhwa to Kandi on official vehicles at about 02:15 A.M. All of them arrived at village Chauka and in presence of two independent witnesses Bigan Vishwakarma and Suresh Ram Chandravanshi both of village Chauka, started raiding house of criminal Vikash Dubey. In course of raid three persons tried to escape from the door behind the house, who were apprehended with the help of members of the raiding party. Upon asking they disclosed their names as (1) Pintu Chaubey @ Satya Prakash son Surendra Chaubey from whom upon search 9 MM loaded pistol with 9MM live cartridge and two mobile phones; (2) Pintu Kumar Dubey @ Sumit Kumar Dubey son of Kunj Bihari Dubey having one country made loaded katta with one 315 bore cartridge; and (3) Abhishek Kumar Tiwari @ Monu Tiwari son of Ash Kumar Tiwari having a six round country made loaded revolver having 7.65 bore five live cartridge and one mobile phone, recovered from them. None of the three apprehended accused persons could produce any license documents to justify the possession of the fire-arms. In presence of independent witnesses, the fire-arms recovered from three accused persons were formally sealed and seizure list prepared. Upon searching the house of Vikash Dubey, in presence of his relative Vijay Kumar Dubey as well as independent witnesses Suresh Ram Chandravanshi and Bigan Vishwakarma, from the room located in east south direction, from the Steel Trunk one 7.65 MM country made pistol loaded with 7.65 live cartridges were recovered and for which no document was produced and a Motor- Cycle TVS Apache having registration no. JH-14E-5702 was seized. No document with regard to the motor-cycle was produced. Seizure list was prepared with regard to both the fire- arms and the motor-cycle and the copy of it was handed over to the relatives of the criminal Vikash Dubey. The accused-Pintu Chaubey @ Satya Prakash Chaubey informed that the said fire-arm was given to him by Arun Dubey before going to jail, whereas Abhishek Tiwari and Pintu Dubey @Sumit Kumar Dubey also told that the fire-arms was made available to them by Vikash Dubey. All three of them disclosed that the seized fire-arm from trunk belongs to Vikash Dubey as disclosed by him to them on mobile phone. The three apprehended accused persons also informed that they are involved in seeking extortion from the Contractors under the instruction received from Vikash Dubey and Arun Dubey on mobile phone.

(3.) I.A. No. 9672 of 2025 in Cr. Appeal (SJ) No. 193 of 2025 has been filed on behalf of the appellant namely Sunit Kumar Dubey @ Pintu Kumar Dubey under Sec. 430 (1) and (2) of BNSS for the suspension of his sentence and for grant of bail, during the pendency of the Criminal Appeal.