KAILASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Kailash Yadav, along with Rajendra Yadav, Shiv Yadav and Bilash Thakur faced trial of alleged offence punishable under Section 392 of the Indian Penal Code. That apart whereas Kailash Yadav also faced trial for commission of offences under Sections 25(A) and 26 of the Arms Act, accused Shiv Yadav was also charged for commission of offence under Section 412 of the IPC. Shri Someshwar Nath Pathak, the then 8th.Additional Sessions Judge, Gaya, who was in seisin of the trial by his judgment and order dated 26.8.1992 recorded a verdict of conviction of Kailash Yadav only holding him guilty of offence under Section 392 of the IPC and Sections 25(A) and 26 of the Arms Act and acquitted and discharged the other three accused. Convict Kailash Yadav was sentenced to undergo rigorous imprisonment for five years under Section 392 of the IPC and two years rigorous imprisonment for the offence under Section 26 of the Arms Act. No separate sentence was imposed for the offence under Section 25(A) of the Arms Act and the sentences awarded were directed to run concurrently.

(2.) The prosecution case rests on thefardbeyan given by one Kedar Prasad Gupta, inter alia, alleging that on 25.11.1981 he had boarded bogie No. 2623 of the P.G. train leaving Gaya Station at 9 p.m. and as the train reached a place between Gaya and Kastha 3-4 persons who had boarded the aforesaid bogie at Gaya suddenly stood up and started looting the passengers. They were armed with pistol, chhura etc. The informant was also a victim of the loot as one of the culprits snatched the portfolio bag containing papers etc. from him. The culprits also looted the other passengers in the bogie. It is said that none of the passengers offered any resistance on account of fear because the culprits were armed with lethal weapons. It is said that one of the culprits was wearing lungi and kurta. and wielding a pistol whereas another person was wearing trousers and had a pistol in his hand. The third was attired in dhoti, kurta and was brandishing a chhura. All of them were in the age group of 25-30 years. It is also said that the person wearing dhoti, kurta had long hippy cut hair whereas the one clad in lungi was wearing pendents in both ears and the man wearing trousers had a poxed face. When the train stopped at Kastha Railway Station the culprits alighted from the bogie and fled away. On the passengers raising alarm the escort party which was in the adjacent bogie gave chase and managed to apprehend one of them. The apprehended accused disclosed his name as Kailash Yadav and those of his accomplices as Shiv Yadav, Rajendra Yadav and Bilash Thakur. He also gave out that the culprit with a tika on his forehead was Bhit Yadav and the poxed faced person was Rajendra Yadav who was the leader of the gang and he carried away the looted articles. On search of Kailash Yadav a loaded country made pistol and two live cartridges were recovered from the folds of his waist. The recovered items were seized under a seizure list whereupon the informant put his signatures.

(3.) On the basis of the said fardbeyan Gaya G.R.P.S. Case No. 170 of 1981 was registered under Section 392 of I.P.C. and 25(A) of Arms Act against four persons aforesaid. After due investigation the police submitted a charge-sheet against the four FIR named accused and after commitment as stated above charges under Section 392 of IPC was framed against all the four accused whereas Shiv Yadav was also charged under Section 412 of IPC and Kailash Yadav was further charged under Sections 25(A) and 26 of Arms Act.