LAWS(JHAR)-2018-8-134

MD ASFAK @ MD ISFAQUE Vs. STATE OF JHARKHAND

Decided On August 06, 2018
Md Asfak @ Md Isfaque Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The instant Criminal Appeals have been preferred against a common judgment of conviction dated 24.08.2004 and order of sentence dated 26.08.2004, passed by learned Additional Sessions Judge (F.T.C.), Latehar, in Sessions Case No. 54 of 2004, whereby the above named four appellants have been convicted by the learned Trial Court for offence committed and punishable under Sections 25 (1-B) a/35 and 26/35 of the Arms Act and have been awarded rigorous imprisonment for three years, under Sections 25 (1-B) a/35 of the Arms Act and a fine of Rs. 1000/- each, in default of payment of fine, simple imprisonment for one month, and also rigorous imprisonment for five years under Sections 26/35 of the Arms Act with a fine of Rs. 1000/- each, in default of payment of fine, simple imprisonment for one month. Both the sentences are directed to run concurrently. All these appellants have been acquitted under Sections 399 and 402 of the Indian Penal Code. One of the convicts Chhotu @ Abdul Wahab has absconded and his bail bond is cancelled and non-bailable warrant of arrest and process under Sections 82 and 83 Cr.P.C. has been issued against him to be executed by S.P. Latehar. One of the accused namely Md. Karva @ Md. Karua has been acquitted by the learned Trial Court by the same impugned judgment of conviction and order of sentence.

(2.) The prosecution case is based upon the self-recorded statement of the Officer-in-Charge, Chandwa Police Station, Amod Narayan Singh, alleging therein that, while he was in investigation of another case and returned to the police station, on 4.12003, he received a secret information at 15.00 hrs., that a Marshall vehicle, green in colour, having 5-6 criminals are coming with intention to commit some crime from Chandwa. Thereafter, the informant with other police personnel Jagdish Paswan, Assistant Sub-Inspector, constable no. 178, Ram Kumar Singh and home guard 10099, Indradeo Prasad Kushwaha, home guard no. 9283, Ram Nath Singh, constable no. 250, Ravindra Yadav and constable no. 239, Tarkeshwar Vidayarthi, all posted at Chandwa Police Station, went for verification and necessary action. The informant saw a Marshall vehicle, green in colour coming and the police force signaled to stop the vehicle. As soon as the private Marshall vehicle, bearing registration no. UP 78AE/ 4871 stopped, the accused persons became uneasy and tried to flee away but they were apprehended by the police. All the apprehended accused persons were searched in presence of Md. Mohsin and Md. Tabrej, both sons of Md. Naseem, P.S. Latehar. From the possession of one of the accused persons, a country made, six round revolver was found loaded with four cartridges. The said accused disclosed his name, as Md. Rajaullah @ Billo and on enquiry he could not produce any valid documents for keeping such illegal arm and cartridges. Other accused persons disclosed their names, as Chhotu @ Wahab, Md. Asfaque, Md. Arif, Md. Shamim @ Shama and driver- Md. Karua, all residents of different villages under different police stations, within the district of Latehar. It is alleged, that one country made revolver and four live cartridge of 38 bore were found from the possession of Md. Rajaullah @ Billo. The informant has alleged that all accused persons were planning to commit some crime but apprehended and all the seized articles were seized by preparing a seizure list, which has been served upon Billo, who has put his signature on the same and one copy each has been served to the seizure witnesses.

(3.) On the basis of the self-recorded statement of the informant, police registered Chandwa P.S. Case No. 93 of 2003, dated 04.12.2003, under Sections 399 and 402 of the Indian Penal Code and under Sections 25 (1-B) a, 26, 35 of the Arms Act.