JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. Jagannathpur P.S. Case No. 36 of 2010 was lodged on 14.08.2010 against 13-14 unknown persons. In the night of 13.08.2010, at about 11:30 P.M. unknown criminals committed dacoity in the house of Pradeep Kumar Prasad at village Jaintgarh and while leaving the village they exploded bombs to scare the villagers for their easy escape. On their way when Rajesh Kumar grappled with them the dacoits threw bomb on him and Rajesh Kumar got seriously injured. The fardbeyan of Pradeep Kumar Prasad was recorded in the early morning at 05:00 A.M. on 14.08.2010 at his village but before that an information was sent to the police station and accordingly sanha entry was made at 01:15 A.M. on 14.08.2010. The informant has stated that several unknown criminals were exploding bombs and threatening the villagers. They entered his house, committed marpit with him and on the gun point asked to hand over cash and jewelleries. After collecting valuables they left his house and on their way to escape caused injury to Rajesh Kumar by exploding a bomb and his chowkidar Chetan Pradhan was also seriously injured in the incident. The informant has further stated that the dacoits took away his Nokia 1210 mobile set with Aircel SIM No. 9853690631 and claimed that he can identify the dacoits and looted articles.

2. The investigating officer collected CDRs and on that basis came to village Khajouli at district Madhubani in the state of Bihar and got information from the officer-in-charge of Khajouli police station that Deepak Sarhan, Naresh Sahni, Rajendra Sah, Luxman Singh, Shiv Kumar Singh, Kamlesh Singh, Baidnath Singh, Kunal Singh and Jitendra Singh were involved in loot-pat at village Jaintgarh. On the basis of such information Deepak Sarhan and Naresh Sahni were arrested and they suffered disclosure statements. At the pointing of Deepak Sarhan one silver chain, one golden nose pin and one mobile phone set bearing IMEI No. 354534010609642 with SIM No. 9631384605 were recovered from his house. On disclosure of Naresh Sahni one set of rold-gold bangle and one mobile phone set bearing IMEI No. 359559016834645 with SIM No. 8873765699 were recovered and seized in the presence of two independent witnesses. After the investigation charge sheet was submitted against Deepak Sarhan, Bablu Nishad, Manik Chand Nishad @ Sahani and Naresh Sahni on 23.11.2010 under sections 396 and 412 of the Indian Penal Code and section 4/5 of the Explosive Substance Act keeping the investigation pending against Rajendra Sah@ Raziya, Luxman Singh, Shiv Kumar Singh, Kamla @ Kamlesh Singh, Jitendra Chaudhary, Kunal Singh and Bidnath Singh. Three supplementary charge sheets were submitted thereafter - supplementary charge sheet dated 31.03.2011 against Jitendra Chaudhary, Rajendra Sah @ Raziya, Luxman Singh, Kamla @ Kamlesh Singh and Kunal Singh; supplementary charge sheet dated 31.10.2011 against Shiv Kumar Singh, and; supplementary charge sheet dated 31.07.2013 against Baidnath Singh. By an order dated 08.08.2012 charges were framed against Deepak Sarhan, Naresh Sahni, Bablu Nishad, Manik Chand Nishad @ Sahani, Kamlesh Singh, Kunal Singh, Jitendra Singh and Shiv Kumar Singh under sections 396 and 412 of the Indian Penal Code and section 3/4 of the Explosive Substance Act. Similar charges were framed against Baidanath Singh for committing the aforesaid offences, vide order dated 12.12.2013. The prosecution has examined nineteen witnesses to prove the aforesaid charges in the trial and after the prosecution evidence was closed one accused, namely, Jitendra Singh jumped the bail and did not appear for examination under section 313 of the Code of Criminal Procedure; Kamlesh Singh who was in custody in Madhubani Jail inspite of production warrant and several letters for his production was not produced in this case and Kunal Singh, another accused, died during the trial and accordingly the case records of Kamlesh Singh and Jitendera Singh were separated whil