SANJAY KUMAR THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants seek to challenge the order dtd. 2/9/2014 passed by the learned Additional Sessions Judge (FTC) District Korba in Criminal Appeal No. 8/2014 whereby it has affirmed the judgment of conviction and order of sentence dtd. 28/2/2014 passed by the learned Chief Judicial Magistrate, Korba, in Criminal Case No. 1266/2013 by which it has convicted and sentenced the applicants for the offence punishable under Sec. 25 of the Arms Act and sentenced the applicants to undergo rigorous imprisonment for 3 years each with fine of Rs.1000.00 and in default of payment of fine, to undergo further 2 months simple imprisonment.

(2.) Since all the above revision petitions arise of the same order, they are being considered and decided together.

(3.) The prosecution case, in brief is that Yadumani Sidar, Police Inspector, was on patrolling duty on 7/10/2013. He received an information through the informant that some persons in a vehicle Safari which was not having the registration plate, had entered Korba city and their activities were suspicious. Upon receipt of such information, they checked the vehicles near Sunaliya by-pass canal road. When the said vehicle reached the spot, they found three persons sitting in the same who identified themselves as Kamal Agrawal, Sanjay Thakur and Mohammad Shahid @ Sajid. Mohammad Shahid was driving the vehicle. From the accused-Kamal Agrawal, the police seized one pistol of 7.65 mm alongwith 5 live rounds, one mobile, from accused-Mohammad Shahid @ Sajid, one pistol of 7.65 mm and 5 live rounds, and from the accused Sanjay Thakur, 3 numbers of 315 bore live rounds and one mobile of Spice company was seized and from the dashboard of the car, one mobile phone and two live rounds of 8 mm (315 bore) was also seized. When the accused/applicants were given notice under Sec. 91 of the Cr.P.C. for producing the documents for possessing the said arms and ammunition and the registration papers of the vehicle, they could not produce any document. Accordingly, after seizing the said arms ammunition, they were arrested. On the spot itself, according to the statement given by the witnesses, Dehatinalishi No. 0/13 under Sec. 25 of the Arms Act was registered and on the basis of the said Dehatinalishi, Crime No. 479/2013 for the offence under Sec. 25 of the Arms Act was registered at Police Station, City Kotwali, Korba.