RAM SINGH KHERWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated 31.5.2001 and order of sentence dated 4.6.2001 passed by Shri Dilip Kumar Sinha, Additional Judicial Commissioner, Lohardaga in Sessions Trial No. 350/ 1998/30/1998 by which judgment the learned trial Court found the accused guilty and convicted him under Section 414 of the Indian Penal Code and also under Sections 25(1-B), 26 of the Arms Act and sentenced him to undergo simple imprisonment for 3 years under Section 414 of the Indian Penal Code and further sentenced him to undergo simple imprisonment for three years under Section 25(1 -B) of the /urns Act and finally sentenced him to undergo simple imprisonment for 7 years under Section 26 of the Arms Act along with a fine of Rs. 5,00/- (five hundred), in default of payment of fine he will undergo further simple imprisonment for 3 months. All the sentences shall run concurrently.

(2.) The prosecution case was started on the basis of a First Information Report lodged by Raghunath Singh, Sub-Inspector of Kisko Police Station on 25.1.1998 stating therein that special campaign was started against the terrorists and under the said campaign under SDPO, Navin Kumar Sinha, Lohardaga led the teem which included the informant, Raghunath Singh, S.I. Yaddu Sao, S.I. Armed Forces of BSF and Reserved Guard of SDPO, Kamalkant Jha they started raid on 22.1.1998 in Jungle and reached village, Honhe. On 23.1.1998 and 24.1.1998 they came at village Pesrar at Pesrar they learnt that members of the terrorists organisation party unity about 22-24 in number have left towards village Honhe. On this information with the entire police force they left at 9 a.m. for village Honhe. At village Honhe they came to learn that the terrorists have moved towards village Kotari and when they reached village Kotari then they learnt that the terrorists left for village Putrar. Then, they proceeded towards the village Putrar but before reaching village Putrar they trekking the terrorists that were wearing green dress of Military. Then, under the guidance of the SDPO they went on the right side and Inspector. Pattu Sao and others went on left side and the informant entered the village from front entry at about 13.45 p.m. When he entered the village the terrorists started firing whereupon, the police party fired from three side and started proceeding towards the terrorists group seeing this terrorist started running back. The police party chased the terrorists, but taking help of hill and jungle they ran towards the jungle. However, one terrorist was arrested. They chased the terrorists for a long distance, but they succeeded in running away. During search of village Putrar and Chatakpur some article was found under a Kathal tree, which were left by terrorists. They recovered double barrel gun, single barrel gun (Bharatua); nine in number cartridges; thali, lota on which the terrorists were eating; also recovered their cloths and along with Rs. 16,468.50 paise, which was seized in presence of witness, Sukaro Kharwar and Budhu Nagari and put their signature on the seizure-list. The terrorist, who was caught disclosed his name as Ram Singh Kherwar, son of late Kunwar Singh Kherwar, resident of Charathpur, Tola Putrar. They stated that on search of his house from the inner room they recovered a rifle from a bag, 45 pieces of .303 with charger, 45 live cartridges with charger of 303, bullet rifle, two detonator with fuse wire, two bomb substance in a steel container, one bag of party unity, literature and diarty etc.

(3.) On the basis of the said FIR police registered a case under Sections 147, 148, 149, 307, 358, 414, 109, 122 and 120-B of the Indian Penal Code and Sections 25(1- B), 26 of the Arms Act.