SANTU SINGH @ ABHISHEK JEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Calling in question the legality of the judgment of conviction dated 28.04.2010 and order of sentence dated 05.05.2010 passed by the learned Additional Sessions Judge-cum-F.T.C.-II, Latehar in Sessions Trial No. 110 of 2007 whereby the appellant has been convicted under Section 25(1-b)a of the Arms Act and under Section 17 of the C.L.A. Act and sentenced to undergo rigorous imprisonment for three years on each count with fine of Rs. 1,500/- and 3,000/- respectively with default clause and also found guilty under Section 25(1-A), Section 26(i) and (ii)/35 of Arms Act and under Section 5 of the Explosive Substance Act and sentenced to undergo rigorous imprisonment for ten years on each count with fine of Rs. 10,000/- each with default clause. The appellant has further been convicted under Section 4 of the Explosive Substance Act and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/- with default clause.

(2.) Filtering the unnecessary details, the prosecution case, which is based on the self-statement of Sub-Inspector Bharat Ram Officer in-charge of Balumath Police Station, Latehar recorded on 24.05.2007 at Harkatwa Jungle, in short, is that at about 2:15 A.M. on the said night, he received telephonic call of Ravindra Kumar Rai (PW-1), the Officer in-charge of Latehar P.S. informing that M.C.C. (Maoist) extremist Santu Singh @ Abhishek Jee @ Vinoy Jee has been arrested near Zere-Zere forest of village Dihi Murup and in his confessional statement disclosed that huge quantity of arms and ammunitions, bombs, cartridges, levy receipts and cash have been concealed in bunkers in Harkatwa Jungle adjacent to village Sikid. On the said information, the informant along with armed personnel of JAP-4 and Reserve Police personnel proceeded for the Harkatwa forest situated adjacent to village Sikid and reached there at 6:15 a.m. and met with officer in-charge of Latehar P.S. and from there along with armed force and the said apprehended M.C.C. extremist entered into Harkatwa Jungle as per the disclosure of the said extremist. In presence of the two independent witnesses namely Swatantra Singh (PW-9) and Ram Kumar Singh (PW-10), the police team started searching and came near a Nala on the information given by the said extremist and recovered one 500 liters of black plastic water tank from a bunker and after opening the cover of the said tank, found 100 kg. gelatin inside the said tank. Almost at a distance of 20 feet, the searching team found another bunker and at that place also, one 500 Litres black plastic water tank was found and after removing the cover, naxal literature's, uniform, jersey and belt were recovered. Again at a distance of almost 15 feet from the above bunker, 200 Litres of plastic jar was recovered and on opening altogether 11,403 live cartridges of different bores were recovered. Approximately 4,400 live cartridges of 0.315- 0.8 M.M. bores were recovered from the same plastic jar and 780 cartridges were also recovered. Besides the above, another 770 cartridges fitted in 154 chargers and 22 empty charges were recovered and from another Jar 250 cartridges of .30 calibers were recovered. From another 100 Ltrs. Plastic Jar, 424 live cartridges of 12 bors, 175 cartridges of special 12 bores kept in 7 packets, 170 live cartridges of special 12 bores kept in 17 Shaktiman Express packet, 2740/- cartridges of 30.06 bores kept in 137 packets were recovered and on his further disclosure, another plastic tank of 500 ltrs. from a distance of 12 feet from the previous tank was unearthed and regular 9 M.M. stengun with magazine with wooden butt having sealing of military colour and arsenal no. 22821, one regular rifle with magazine of 303 bores having rifle no. 01, marked-III of black colour sealing with arsenal no. AF-2206, three barrel of DBBL gun having length 30'-30', one SBBL regular gun barrel in damaged condition having length of barrel 32', one country made single barrel rifle having length of barrel 36' with wooden body, one air gun having length of barrel 21' in damaged condition were recovered. Again at a distance of 17 feet, another bunker was found with 500 ltrs. of a tank and after removing the cover of the said tank, white and gray coloured electric were, one coil electric aluminium wire, mobile battery charger, 30 pieces detonators, telephone billing machine, cordless telephone with cord antenna, camera flash, calculator, mobile set of Motorola, soldering iron multimeter, mobile charger wire, pencil battery case were recovered. Further at a distance of 6 feet from the earlier bunker, another tank of 500 ltrs. was unearthed and after removing the cover, two pipe bomb cylinders, one big stapler of Rexel company and several other items including leather made revolver holster, 50 grams white powder kept in a plastic Dibba and explosive powder were recovered. On the instruction of apprehended Maoist, almost at a distance of 8 feet from the previous bunker, another 300 ltrs. water tank containing explosive substance in liquid form was recovered, which was destroyed then and there and from there at about 4 feet, two water tanks were also unearthed and from one tank, one Abhishek file, levy receipts and account of expenditure of the extremist were recovered and from another tank, extremist literature's in damaged condition were found. All the recovered articles were seized before the aforesaid two independent witnesses after preparing a seizure list and on the seizure list, the two independent witnesses voluntarily put their signatures and the said extremist also put his signature voluntarily on the seizure list. The apprehended extremist further disclosed that he along with one Ram Kumar Ganjhu @ Lawlesh Jee of village Pepra Toli, Chhotu Kharwar @ Chhotu Jee of village Sikid and Khairu Parahia of village Sikid, who are the top commanders of extremist, have kept concealed all the recovered articles after constructing those bunkers and he along-with Khairu Parahia were in conscious possession of the above recovered illegal articles and organising extremist activities.

(3.) On the basis of the said self-statement of the informant, Balumath P.S. Case no. 31 of 2007 was instituted on 25.05.2007 and in course of investigation, the recovered arms and ammunitions were sent for ballistic examination and the explosive materials were sent to Forensic Science Laboratory, Ranchi and the reports of Forensic Expert and ballistic expert established that the samples on being tested confirms the explosive materials and also the arms in working condition. On completion of the investigation, the police submitted the charge sheet where after the cognisance of the offence was taken. The sanction order was obtained from the authority concerned under Arms Act and Explosive Substance Act. After commitment, the learned Additional Sessions Judge, Latehar framed the charges as indicated above against the appellant only.