MD SIDIQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae, Mrs. Amrita Kumari and learned counsel for the State, Mr. Ravi Prakash, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 07.01.1998 and order of sentence dated 09.01.1998 passed in Sessions Case no. 81 of 1997/27 of 1997 passed by 1st Additional District & Sessions Judge, Godda, whereby the appellant has been held guilty for the offence committed and punishable under Sections 4 and 5 of the Explosive Substance Act, 1908 and awarded Rigorous Imprisonment for 7 years for the offence committed and punishable under Section 4 of the Explosive Substance Act and Rigorous Imprisonment for 14 years for the offence committed and punishable under Section 5 of the Explosive Substance Act. Both the sentences are directed to run concurrently.

(3.) The prosecution case is based upon self statement of S. I., R. B Nanhe, Officer-Incharge, Mahgama Police station recorded on 8.11.1996 at 19:30 Hours at Nunajore Chowk, where the informant has alleged that he was on evening patrolling and reached to village Chandsar Khurhari at 17:30 and after checking the guard the informant along with A.S.I, Harendra Singh went to Nunajore Chowk on his private motorcycle at around 18.00 Hours. The informant has stated that he got a confidential information that a person having old plastic bag is moving in a suspicious condition at the chowk. Thereafter, the informant after making enquiry with Chowkidar 1/26 Kaleshwar Mirdha and Chowkidar, 1/25, Ganesh Manjhi started searching the person. After some time, they moved towards south, then they saw that one person having a bag in his hand is standing on the bank of the road. The informant after flashing the torch light asked him about his identity. Thereafter, the person started fleeing away carrying the bag properly. The person was chased by the informant and the co-villagers, namely, Jay Kant Yadav (P.W.1), Basuki Yadav, Ramdeo Yadav, Sushil Yadav, Pramod Kumar Yadav, all residents of Nunajore, Police Station Mahagama, raising brawl to catch hold of him. After some time, the person was caught and on inquiry, he disclosed his name as Md. Sidique, son of Sk. Jamaluddin, resident of village-Raha, P.S. Basantrai, presently residing at Hat Gamhariya, P. S. Mahgama and disclosed that he is carrying Bomb in his bag. The informant has further stated that in presence of the villagers, a live bomb was recovered from the bag, which was big in size. A bucket full of water was brought by Ramdeo Yadav and the bomb was kept in the same so as to diffuse it and a seizure-list was prepared, in which Jay Kant Yadav, Basuki Yadav and Ramdeo Yadav have put their signatures. Sidique Mian has also disclosed that he has been convicted earlier in a case of dacoity and today he has come to kill Basuki Yadav, resident of Nunajore and as such he has brought the bomb. The accused Sidique Mian was taken into custody and the written report was prepared at Nunajore Chowk. The informant has claimed that Sidique Mian has brought a bomb for committing a heinous cognizable offence, and as such he has been made an accused in a case under Sections 3/4/5 of the Explosive Substance Act and arrested the accused, informant proceeded towards the police station with the accused in custody.