- (1.) HEARD learned counsel for the appellants and learned counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction and sentence dated 15th of May, 2002 passed in Sessions Trial Case No.305 of 1986 by which judgment the learned 5th Additional Sessions Judge, Dhanbad Mr. Sharang Dhar Singh acquitted all the four accused persons from the charges leveled against the accused persons under Section 399 of the Indian Penal Code but convicted all of them under Section 402 of the Indian Penal Code. The prosecution case was started on the basis of the fradbeyan recorded by the Officer -in - charge Nirsa Police Station in the night of 5.9.1984, stating therein that on the basis of secret information in the last night i.e. 4.9.1984 at about 11 P.M. in the night that some criminals have gathered with deadly weapons in ˜Rajpura Maidan' in the dilapidated temple. With the help of other police officials he made raid after taking help of officer -in -charge, Chirkunda Police Station, sub -inspector Raj Kishore Prasad and others. He stated that he took two independent witnesses Kali Charn Napti and Ambika Singh with him. On raid, police alleged that he arrested seven persons, who disclosed their name as Nagen Gope, Sarju Mian, Nandi Munda, Punka Bauri, Jaddu Bauri, and Sheikh Irshad and others two to three dacoits who ran away. In the presence of two independent witnesses, kali Charn Napit and Ambika Singh, he recovered four live bombs from a bag (jhola) from the possession of accused Nagen Gope, two life cartridges from the possession of accused Sheikh Irshad. The other accused Sheikh Sabir was arrested subsequently; he was named by the co -accused persons.
(3.) ON the basis of the said F.I.R., the case was registered under Sections 399 and 402 of the Indian Penal Code and after investigation, police submitted charge -sheet in the said case.;