RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 27:
1. Heard Mr. Arun Kumar Pandey, learned counsel appearing for the appellants and Mrs. Nehala Sharmin, learned A.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 25.02.2014 passed by Sri Barun Kumar Mishra, learned District & Additional Sessions Judge-I, Ghatsila in Sessions Trial No. 44 of 2011, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 147, 148, 353/149, 307/149, 324/149 and 302/149 of the Indian Penal Code (IPC), Section 3/4 of the Explosive Substance Act, and Section 17 of the Criminal Law Amendment Act and Section 25(1-b)a /26/27/35 of the Arms Act and both the appellants have been sentenced to undergo rigorous imprisonment for life with hard labour and a fine of Rs.2,000/- for the offence under Section 302/149 I.P.C. and for non-payment of the fine amount to undergo further simple imprisonment for six months; rigorous imprisonment for two years for the offence under Section 147 of I.P.C.; rigorous imprisonment for three years for the offence under Section 148 of I.P.C.; rigorous imprisonment for life and a fine of Rs.2,000/- for the offence under Section 307/149 I.P.C. and for non-payment of fine amount to undergo further simple imprisonment for six months; two years rigorous imprisonment for the offence under Section 353/149 I.P.C.; rigorous imprisonment for three years for the offence under Section 324/149 I.P.C.; rigorous imprisonment for life for the offence under Sections 3 and 4 of Explosive Substance Act and fine of Rs.2,000/- for each of the offences and for non-payment of the fine amount would entail additional simple imprisonment for six months each; rigorous imprisonment for three years for the offence under Section 17 C.L.A. Act; rigorous imprisonment for 7 years and fine of Rs. 2000/- for the offence under Section 25(1-a)/35 and 25 (1-b)/35 of the Arms Act and non-payment of the fine amount would lead to additional simple imprisonment for six months; rigorous imprisonment for 7 years each for the offence under Section 26/35 and 27/35 of the Arms Act along with a fine of Rs. 2,000/- each and nonpayment of fine would lead to additional simple imprisonment for each of the sections. All the sentences were directed to run concurrently.
3. The prosecution case arises out of the fardbayan of Indubhushan Kumar recorded on 19.11.2009 in which it has been stated that on the same day at 2 p.m. the informant and the other police personnel were returning to Gurabanda in an anti-land mine vehicle, when at around 02:25 p.m. as the vehicle had crossed a pool constructed over Bhakhar Canal a huge explosion occurred and the anti-land mine vehicle went up in the air and dashed with a tree considerably damaging the vehicle. All the passengers in the vehicle received injuries on account of the vehicle getting disbalanced due to the blast. The informant realized that the land mines were planted by the extremist organization MCC. Before the informant and the police force could regain composure firing started from three sides and the police force were directed to surrender by the extremists. One person was taking the name of other extremists and directing them to fire and snatch the firearms from the police personnel. The informant and the police force started making retaliatory firing upon the extremists due to which the extremists could not approach the land mine vehicle. In the meantime, the informant searched out his mobile and informed the Superintendent of Police, Jamshedpur, S.D.P.O., Ghatsila about the incident with request to send reinforcements. Immediately reinforcement arrived at which the extremists started fleeing away. A search was made in the nearby areas and various incriminating articles were recovered. The injured were sent to the Hospital and at 10:00 p.m. the informant came to know that Sub-Inspector Ramjatan Baitha had succumbed to his injuries.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9XtEyM83jwg0viyTZoq74qWFDh8vfb%2BeTsCeQSONU9jC&caseno=Cr.A(DB)/407/2014&cCode=1&cino=JHHC010158042014&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
