IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.393 of 2015

Arising Out of PS.Case No. -412 Year- 2011 Thana -FORBESGANJ District- ARRARIA

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1. Md. Azib Alam S/o Md. Yakub Resident of Village Ramy, P.S. Forbesganj,

District Araria.

2. Pramod Chhatri S/o Purn Bahadur Chhatri Resident of Village Lakhipathar, P.S.

Digboi, District Tinsukia, Asam.

.... .... Appellant/s

Versus

1. The State of Bihar

.... .... Respondent/s

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Appearance :

For the Appellant/s : Mr. Ranbir Singh, Amicus Curiae

For the Respondent/s : Mr. Abhay Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI

ORAL JUDGMENT

Date: 22-06-2017

Because of the fact learned counsel for the appellants failed

to turn up on call, on account thereof, Sri Ranbir Singh, has been

requested to assist the Court as an Amicus Curiae.

2. Heard learned Amicus Curiae as well as learned APP.

3. Appellants, Md. Azib Alam and Pramod Chhatri have

been found guilty for an offence punishable under Sections 353, 307,

414 IPC, 25(1-b) 26(i)/35 and 27 of the Arms Act and each one has

been directed to undergo RI for 2 years as well as to pay fine of

Rs.2000/- in default thereof, to undergo imprisonment of 2 months for

an offence punishable under Sections 353 IPC and 414 IPC, RI for 7

years as well as fine of Rs. 5,000/- and in default thereof, to undergo

imprisonment of 1 year under Section 307 IPC, RI for 3 years as well

as to pay fine of Rs. 2,000/- and in default thereof, to undergo

imprisonment of 6 months under Section 25(1-b), 26(i)/35 and 27 of

the Arms Act, respectively vide judgment of conviction dated

Patna High Court CR. APP (SJ) No.393 of 2015 dt.22-06-2017

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15.05.2016 and order of sentence dated 16.05.2016 passed by Adhoc

Additional Sessions Judge-IVth, Araria in Sessions Trial No.

271/2012, /Tr. No. 36/2012(CIS No. 2106/2013.

4. The prosecution case as is evident from self statement

(Ext-2/1) of O/C, Forbesganj, namely, Subodh Kumar Thakur (PW 8)

having recorded on 30.08.2011 at about 1630 hours at Bishanpur

Nahar disclosing therein that on the same day at about 3:25 PM, while

he along with Dy. S.P. Forbesganj were discussing over the law and

order situation on the eve of Eid, one of the constable of Tiger Mobile

(DAP-162), Manoj Kumar Singh received call on his mobile to the

effect that two miscreants, after looting Nahid Fuel Centre, Line

Chowk, NH-57 are fleeing over a motorcycle having no registration

number towards Forbesganj over which, Sanha was entered and then,

under the leadership of Dy. S.P., Vikash Kumar, Tiger Mobile,

Manoj Kumar Singh, Pankaj Kumar Singh, Bodyguard of Dy. S.P.,

Driver, Sachit Kumar, Braj Bihari Narayan Singh, Shankar Prasad

Yadav proceeded from P.S. After parking the vehicle near Dholbajja,

they began to wait. During course thereof, they found one motorcycle

having been occupied by two persons coming from Simraha side. Just

after seeing the police, the miscreants diverted their direction and

went over Kasba Bandh who were chased and to facilitate

apprehension raised siren. Thereafter, the aforesaid two miscreants

left the motorcycle and ran towards Bhurkatta Jungle. Anyhow, the

miscreants were cordoned. Dy. S.P. disclosed regarding their status

Patna High Court CR. APP (SJ) No.393 of 2015 dt.22-06-2017

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and further, warned that they should surrender who instead of obeying

the order of the Dy. S.P. started firing having miraculous escape of

constable Manoj Kumar Singh. The miscreants repeatedly fired over

Pankaj Kumar also. As the situation became alarming on account of

illegal activity being taken up by the miscreants, the Dy. S.P. ordered

to fire five rounds in order defend/protect their life as well as arms

and accordingly, firing