Ajitabh Kujur @ Tunnu v. State of Bihar (now Jharkhand)
2009-03-03
PRADEEP KUMAR
body2009
DigiLaw.ai
JUDGMENT Pradeep Kumar, J. 1. Nobody appears on behalf of the appellants. The matter was heard along with A.P.P appearing for the State. 2. It appears that this appeal No. 300 of 1991 (P) was admitted by the Patna High Court on 26.08.1991. The prayer for bail of the appellants was rejected on 11.10.1991. On 16.05.1994, the Hon'ble High Court directed that the appeal will be heard along with Cr. Appeal No. 311 of 1991, Cr. Appeal No. 348 of 1991 and Cr. Appeal No. 378 of 1991 arising out of the same judgment of conviction and sentence passed by the Additional Sessions Judge-I, Deoghar in Sessions Trial No. 27/87104/90. 3. Subsequently, hearing of all the appellants started with all analogous criminal appeals on 28.07.1994. The appeals were heard continuously on 28.07.1994, 29.07.1994, 01.08.1994, 03.08.1994, 04.08.1994 and 05.081994. Subsequently, on 08.08.1994, It was submitted by the counsel for the appellants that the accused Ajitabh Kujur @ Tunnu has escaped from the jail premises. 4. Whereupon the report was called for from the Addillanal Sessions Judge-I, Deoghar. However, judgment was passed in other analogous criminal appeals namely Cr. Appeal No. 311 of 1991, Cr. Appeal No. 348 of 1991 and Cr. Appeal No. 378 of 1991 and by the judgment on 25th July, 1995, hon'ble justice Mr. Aditya Narayan Chaturvedi found all the appellants guilty and, accordingly, the appeals were dismissed. The Hon'ble Judge found that these two appellants also participated in bank robbery along with the co-accused Braj Kishor Pandey and Pradeep Kumar Singh. 5. In para 4 of the aforesaid judgment, the Hon'ble Court found that one country made pistol with one live cartridge was recovered from the full pant and six live cartridge were recovered from the right side pocket of the full pant of the accused Shyam Bahadur Singh. Besides that, two bundles of hundred rupee notes, totaling Rs. 10,000/- and bearing seal of United Bank of India, Deoghar, from where the robbery was made, was recovered from the car, from which the Shyam Bahadur Singh was sitting. The Hon'ble Court also found in para 4, one bundle of hundred rupee notes amounting to Rs. 10,000/- and bearing the seal of United Bank of India, Deoghar was recovered from the possession of Ajitabh Kujur @ Tunnu. Besides that, five live cartridges and one Chhura were recovered from the full pant of Ajitabh Kujur @ Tunnu. 6.
The Hon'ble Court also found in para 4, one bundle of hundred rupee notes amounting to Rs. 10,000/- and bearing the seal of United Bank of India, Deoghar was recovered from the possession of Ajitabh Kujur @ Tunnu. Besides that, five live cartridges and one Chhura were recovered from the full pant of Ajitabh Kujur @ Tunnu. 6. It was also found by the Hon'ble Court on para 8 that in view of the overwhelming oral and documentary evidence on record, conviction was not challenged by the appellants' Advocate for the offences under Sections 395 and 397 of the Indian Penal Code and accordingly the appeals were dismissed by the judgment dated 25th July, 1995. 7. It appears that these appellants escaped from, the jail during pendency of the Appeal and/after long delay, by the order of toe Hon'ble Patna High Court and thereafter by Jharkhand High Court, lastly, this Court found by order dated 25.04.2008 that on that day the S.P., Bokaro reported that the two appellants have been apprehended. The appellant Ajitabh Kujur @ Tunnu was produced on 2nd July, 2007 in connection with Sessions Trial No. 83 of 1986 pending before the Additional Sessions Judge, Fast Track Court No.-I, Bermo at Tenughat and subsequently on 13.06.2008, it was reported that the second appellant namely Shyam Bahadur Singh was also apprehended on 25.04.2008. They have been remanded to jail custody. 8. It appears that subsequently, one more co-accused, who had also escaped from jail was arrested and his appeal was placed before this Court in Cr. Appeal No. 409 of 1991. and Hon'ble Justice D.P. Singh by order dated 25.04.2008 dismissed this appeal as there is already finding of conviction against all the appellants in Cr. Appeal No. 311 of 1991, Cr. Appeal No. 348 of 1991 and Cr. Appeal No. 378 Of 1991 by Patna High Court. 9. Similarly, I also find that there is sufficient evidence against the appellants and as discussed earlier, there is clear finding of the Hon'ble Court by Hon'ble Mr. Justice Aditya Narayan Chaturvedi in the aforesaid Cr. Appeal No. 311 of 1991, Cr. Appeal No. 348 of 1991 and Cr. Appeal No. 378 of 1991 and the appeal of these two appellants are also dismissed. Since, they escaped during the pendency of the appeal, there is not question of considering their case on sentence.
Justice Aditya Narayan Chaturvedi in the aforesaid Cr. Appeal No. 311 of 1991, Cr. Appeal No. 348 of 1991 and Cr. Appeal No. 378 of 1991 and the appeal of these two appellants are also dismissed. Since, they escaped during the pendency of the appeal, there is not question of considering their case on sentence. Also since, they have already remanded to jail custody, no order is required to be passed. 10. This appeal is, accordingly, dismissed. Inform the trial court. Appeal dismissed.