SOMA TARKOT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shiv Kumar Singh, learned counsel appearing for the appellant and learned P.P. assisted by learned A.P.P.

(2.) The instant criminal appeal has been directed against the judgment of conviction dtd. 24/8/2018 and the order of sentence dtd. 1/9/2018 passed by Additional Sessions Judge-III, West Singhbhum, Chaibasa in S.T. No.147 of 2012, whereby and whereunder the appellant has been held guilty for the offences under Sec. 302/149, 307/149, 353/149 and 148 of Indian Penal Code and sentenced to undergo imprisonment along with fine of Rs.5,000.00 under Sec. 302/149 of IPC along with default stipulation; R.I. for 1 year and a fine of Rs.500.00 under Sec. 379/149 of IPC along with default this stipulation; R.I. for 7 years along with fine of Rs.2,000.00 under Sec. 307 of IPC along with default stipulation; R.I. for 1 year under Sec. 148 of IPC and R.I. for 1 year under Sec. 353 of IPC. All sentences are directed to run concurrently.

(3.) Factual matrix giving rise to this appeal is that the informant the then O/C. of Manoharpur Police Station received a confidential information vide memo No.4565 dtd. 23/9/2010 for taking part in an operation "Black Thunder" against prohibited moistest organization, which is active in Saranda Forest Range, West Singhbhum, Chaibasa and a training camp of Maoists was going on in Saranda Forest Range. Therefore, 8 groups of Arms Forces were formed for executing above operation under the leadership of Additional Police of Superintendent, West Singhbhum, Chaibasa along with CRPF Kobra, C/7 and Jharkhand Jaguar Police Force. It is further alleged that they proceeded from Rourkella side on 24/9/2010 at about 9:30 pm for the operation. The member of operation team started searching training center of the prohibited organization and reached in Saranda forest area and at about 12:00 noon on 26/9/2010, they reached in between the village Thalkobad and Tirilposi, before Tirilposi nearly forest hillock, the extremists started firing indiscriminately by their sophisticated weapons. The member of the operation party warned them against firing through loud voice but they did not stop from firing nor they surrendered before the police personnels rather they started abusing and threatening and also commanding their members by taking name Jonshon, Habil Purty, Habil Cherwa, Nelson, Bimal and other comrades to take position from left side and Muslim, Xavier along with their groups were directed to take position from right side, the women comrades were also ordered to take position. After this order, the informant party also heard saying that Maoists "OK Nirmal Da", we are taking our position. Thereafter, all the Maoists started continuously firing over the police party. In defence, the police party also started firing as per order of Additional S.P. In the meantime, the police Jaimal Singh, who belongs to CRPC Kobra saw an extremist moving from one position to another position then he entered in the zone of the extremist showing his bravery. In the whole of night, firing and counter firing continued and on 27/9/2010 at about 4 am, striking party No.1 along with S.I. Suresh Ram, O/C Gua, S.I. Chakravarty Kumar Ram along with CRPF Kobra, Jharkhand Jaguar came from village Gundijora to help them. Thereafter, at about 5:30 am, the fire was stopped by the extremists and the police personnel moved forward and saw some extremists were running from the camp. It is alleged that two of the extremists were caught by the police forces, who disclosed their name as Dursona Bodra S/o- Late Manishg Bodra and Soma Tarkot S/o-Etwa Tarkot, village-Tirilposi, P.S. Jaraikella, District-Singhbhum, West at Chaibasa. They also revealed that they belong to this extremist group from longtime and also assisted MCC members by providing ration and fixing explosive. They are also involved in collecting levy and pasting MCC posters and manufacturing of cane bombs and fixing land mines etc. It is further alleged that due to absence of any independent eye-witness at the place of occurrence, both the apprehended accused persons were lawfully searched by the police personnels and during search of Dursona Bodra, one Motorola wireless set and photo Album kept in a bag and from the possession of Soma Tarkot, explosive substance, 50 meter electric wire, six pencil batteries of torch, 1/2 kg iron pebbles and a sabbal of iron were recovered. It is further alleged that from the place of ambush, two mobile sets with SIM Nos. 9437518779 and 8895030126 were recovered. During search, the dead body of Cobra Police No.041543551 Jaimal Sing also found and his INSAS rifle with cartridges were also looted by Extremists. After some distance, the dead body of one unknown extremist was also found, who has sustained bullet injuries on his chest two bullets fired by the police rifle bearing No. ARSEL No.cz-6155A along with five live cartridges in the magazine was found.