DUMBA URAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. Manindra Kumar Sinha, learned Amicus Curiae and learned counsel for the State, Mrs. Laxmi Murmu, learned Additional Public Prosecutor.

(2.) The instant Criminal Appeal has been preferred against the judgment of conviction dtd. 15/3/2004 and order of sentence dtd. 16/3/2004, passed by learned IVth Additional Judicial Commissioner-cum-Special Judge-II. C.B.I.(A.H.D.), Ranchi, in Sessions Trial case No. 109 of 2001, whereby the sole appellant has been convicted for offence committed and punishable under Sec. 5 of the Explosive Substance Act and awarded Rigorous Imprisonment for four years. The period already undergone by the accused, Dumba Uraon during pendency of the trial shall be set off under Sec. 428 Cr.P.C., 1973 against the sentence. However by the same impugned judgment the accused/appellant has been acquitted from the charge under Sec. 4(a) of the Explosive Substance Act by extending benefit of doubt.

(3.) The prosecution case is based upon self written report by Sub-Inspector of Police, Binesh Prasad Sharma(P.W.10) on 21/9/2000 at 18.00Hrs. at village-Mellani. The informant has alleged that he has received a confidential information that extremist group of M.C.C. are taking shelter in the village-Mellani. On this information under the leadership of Additional Superintendent of Police Headquarter, Mr. Ashish Batra, informant and other police personnels of Mandar Anchal and Mandar Police Station, Chanho raid the village-Mellani at 16.00Hrs. On seeing the police the accused persons started fleeing away, but one of the accused was apprehended by the police, who disclosed his name as Dumba Uraon. In presence of independent witnesses namely, Lakshman Bhagat(P.W.4) and Fuldeo Bhagat(P.W.5) police gave their personal search and thereafter, started searching the house of Dumba Uraon. During search from the house of Dumba Uraon one sword, one Gupti, Two Nepali dagger, three wooden gun and from tin box, black explosive material 400 grams have been recovered wrapped and concealed in a plastic. The accused person could not give satisfactory reply of these articles nor produced any valid paper, as such after preparing the seizure list of the same articles in presence of independent witnesses, one copy of the seizure list has been handed over to Dumba Uraon and he was arrested.