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2019 Supreme(Chh) 361
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajendra Chandra Singh Samant, J.
Naresh Kumar Khubnani (Sic Khubwani) @ Nandu – Appellant
Vs.
State of Chhattisgarh Through Police Station DD Nagar – Respondent
Criminal Appeal No. 666 of 2013, 778 of 2013, 840 of 2013, 841 of 2013, 899 of 2013, 939 of 2013
Decided On : 01-05-2019
Surendra Singh, Adv., Maneesh Sharma, Adv., Sunil Otwani, Adv., Y.C. Sharma, Adv., Adil Minhaj, Adv., Shishir Dixit, Adv., Kishore Narayan, Adv., H.S. Ahluwaliya, Adv.
Headnote:
Criminal Procedure Code,1973 - Section 437-A and 313 – Indian Penal Code,1860 – Section 121-(A) R/W120-B,124-A - Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 – Section 8(1),8(2),8(3) & 8(5) - Unlawful Activities Prevention Act, 1967 – Section 18 and 21 – Arms Act – Section 25(1)(a) - Indian Wireless and Telegraph Act, 1933 – Section 3,6(1-A) - Explosive Substances Act, 1908 – Section 4 and 5 - Seeking permission to investigate - Police control room informed P.S. on telephone that one unknown male and female have left some bags on the spot - (PW-41) along with staff arrived on spot, with bomb disposal squad - He found, that in front of Kirana Stores, in total 7 bags were lying along with one white polythene bag - He was informed by witness (PW-2) and others that a male and female had come in a Santro car and had disembarked there - Lady had also made some enquiry (PW-2) and made some purchase from his kirana shop - (PW-45), from bomb disposal squad arrived with his team and on examining bags with sniffer dogs, no explosive substance was found in the bags - Contents of letters disclosed that the illegal arms were collected for purposes of naxal moment and same was being supplied to them and promise were made for funding of the same moment - Letter was addressed to a Naxal commander - One driving license was also present in the collection - English newspaper, Times of India a book which was printed by Central Military Commission of India for communist party (maoist), shawls, sweaters, a book titled as Premchand Ki Sarvashresth Kahaniya, and a bunch of keys were found - Seizure of these articles were made from spot and FIR was lodged – Held, One evidence brought on record that CPU seized from shop contained photograph of appellant does not reflect anything to connect these appellants with naxal groups - Having photograph in their computer may be explained in various ways, it may be to identify the customer or it may be on account of some acquaintance of family relation - Apart from that no material has been found contained in data of computer seized from these appellants to show that they are sympathizer or facilitator of naxal groups - Therefore, on basis of this discussion made hereinabove, court of this view that conviction recorded against these appellants is bad in law which cannot be sustained - After due consideration on all the evidence present in the record of the trial Court and after making close scrutiny of the same and according to the conclusion drawn, CRA are dismissed.
Rajendra Chandra Singh Samant, J.
These appeals have been preferred against judgment dated 09-07- 2013 passed in S.T. No.76/2008 by the First Additional Sessions Judge, Raipur C.G.
2. By the impugned judgment appellants K.S. Priya alias Malti alias Shantipriya, Meena Choudhary @ Geeta, Prafull Kumar Jha, Sidharth Sharma @ Rajaram @ Motu and Prateek Jha @ Baba have been convicted and sentenced in the following manner:-
Sl. No.
Conviction
Sentence
1.
U/s 121-(A) R/W Section 120-B of the IPC
R.I. for 7 years & Fine of Rs.5000/-, in default of payment of fine, additional R.I. for 6 months,
2.
U/s 124-A of the IPC
R.I. for 7 years & Fine of Rs.5000/-, in default of payment of fine, additional R.I. for 6 months
3.
U/s 8(1) of Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005
R.I. for 3 years & Fine of Rs.1000/-, in default of payment of fine, additional R.I. for 3 months,
4.
U/s 8(2) of Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005
R.I. for 2 years & Fine of Rs.1000/-, in default of payment of fine, additional R.I. for 3 months,
5.
U/s 8(3) of Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005
R.I. for 3 years & Fine of Rs.5000/-, in default of payment of fine, additional R.I. for 6 months,
6.
U/s 8(5) of Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005
R.I. for 5 years & Fine of Rs.3000/-, in default of payment of fine, additional R.I. for 6 months,
7.
U/s 18 of the Unlawful Activities Prevention Act, 1967
R.I. for 7 years & Fine of Rs.3000/-, in default of payment of fine R.I. for 6 months,
8.
U/s 21 of the Unlawful Activities (Prevention) Act, 1967
R.I. for 7 years & Fine of Rs.1000/-, in default of payment of fine, additional R.I. for 3 months,
9
U/s 25(1)(a) of Arms Act
R.I. for 3 years & Fine of Rs.3000/-, in default of payment of fine, additional R.I. for 6 months,
10.
U/s 3,6 (1-A) of the Indian Wireless and Telegraph Act, 1933
R.I. for 2 years & Fine of Rs.1000/-, in default of payment of fine, additional R.I.
for 3 months.
In addition to his conviction as aforementioned appellant Sidharth Sharma @ Rajaram @ Motu has also been convicted by the impugned judgment for offence under Section 4, 5 of the Explosive Substances Act, 1908 and sentenced as mentioned in the table below:-
Sl. No.
Conviction
Sentence
1.
U/s 4 of the Explosive Substances Act, 1908
R.I. for 7 years & Fine of Rs.1000/-, in default of payment of fine, additional R.I. for 3 months,
2.
U/s 5 of the Explosive Substances Act, 1908
R.I. for 5 years & Fine of Rs.1000/-, in default of payment of fine, additional R.I. for 3 months,
By the impugned judgment appellants Naresh Kumar Khubnani, Ramesh Kumar Khubnani and Dayaram Sahu have been convicted only under Section 8(3) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and they have been sentenced as mentioned below:-
Sl. No.
Conviction
Sentence
1.
U/s 8(3) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005
R.I. for 3 years & Fine of Rs.5000/-, in default of payment of fine, additional R.I. for 6 months.
3. The case of the prosecution, in brief, is this, that on 21-01-2008 the police control room Raipur informed P.S. D.D. Nagar on telephone that one unknown male and female have left some bags on the spot. The SHO, A.A. Ansari (PW-41) along with staff arrived on the spot, with bomb disposal squad. He found, that in front of Laxmi Kirana Stores, in total 7 bags were lying along with one white polythene bag. He was informed by witness Tikamchand Jain (PW-2) and others that at about 07:15 p.m. a male and female had come in a Santro car bearing registration No. CG 04D 4628 and ha
