JAYA ROY - (1.) The appellants have filed all these appeals separately for setting aside the same Judgment of conviction and the order of sentence dated 25.08.2003 passed by the Ist Additional Sessions Judge, cum- Special Judge, C.B.I., Dhanbad in R.C. No. 21(A)/1986 whereby the appellants have been convicted to undergo Rigorous Imprisonment for Two years and to a fine of Rs. 1000/- under Section 409 I.P.C. and they have been further sentenced to undergo Rigorous Imprisonment for two years under Section 5(2) read with 5(1)(d) corresponding to under Section 13(2) read with 13(1) (d) of P.C. Act. 1988 and also sentenced to pay a fine of Rs.1000/- under Section 477-A I.P.C. and under Section 9B(b) of the Explosive Substance Act. 1984. in each count. In case of default in payment of fine, the appellants have been further sentenced to undergo simple imprisonment for three months and all the sentences will run concurrently.
(2.) The learned counsels appearing for the appellants and C.B.I. have filed written argument separately and the same are kept in the record.
(3.) The prosecution case in brief is that the informant G.P. Verma, D.S.P. CBI, Dhanbad received information through reliable source to the effect that Chandra Deep Singh and Chhota Jodhi Mahto while working as Magazine Incharge and Explosive carrier respectively in Damoda Colliery, Area-I, BCCL, Dhanbad during the period April to June 1985, entered into a Criminal conspiracy between themselves and others of Damoda Colliery as well as Kessargarh Colliery of Block-II,BCCL in pursuace to which they criminally misappropriated various types of detonators, explosives and fuses to the tune of Rs.1,66,674.77 approximately. It is also alleged that from 2.4.85 to 30.4.85 Chhota Jodhi Mahato received 24,278 numbers of various types detonators against 14 D.Ts. issued by the Manager/Agent of the Damoda Colliery, from the Keshargarh Colliery of Block-II likewise during the month of May' 1985. 29,122 pieces of various types of detonators were received by Chhota Jodhi Mahato and Chandradeep Singh between 6.5.85 to 28.5.85 against 14 D.Ts issued by Damoda Colliery. In June 1985, another 4,156 pieces of detonators were received by Sri Chhota Jodhi Mahto from Keshargarh colliery against 5 D.Ts issued from 19.6.85 to 25.6.85.Thus, a total of 57,556 numbers of detonators were received by the accused persons from Keshargarh Colliery of Block-II BCCL from April, 1985 to June 1985, total value of which is Rs.1,17,364.14 approximately. However, the detonators received by the accused persons from the Keshargarh Colliery were not accounted for in the explosives stock Register maintained in the Colliery by them and were criminally misappropriated by them. It is further alleged that accused Chhota Jodhi Mahato received 123 pieces of explosives on 15.4.85, 25.4.85 and 28.5.85 from Keshargarh Colliery of Block-II against 5 D.Ts valued at Rs.44,564-23 approximately and their receipts were not accounted for in the explosive stock Register of the Colliery. It is further alleged that the two accused persons received 600 fuse coils during the month of April and May1985 from Keshargarh Colliery against 4 D.Ts. valued at Approximately Rs.4,745.86 and did not account for the same in the stock of Damoda Colliery. A case has been registered i.e. R.C. Case No. 21(A)/1986 against the accused namely Chandradeep Singh and Chhota Jodhi Mahato.;