JAGANNATH Vs. STATE

JUDGEMENT

(1.) THE applicants Jagannath, Ram Adhar and Ratanwa were convicted by a first class Magistrate of Banda Under Section 19(f) Arms Act and they were each sentenced to 8 month's rigorous imprisonment. On appeal their conviction was maintained by the learned Sessions Judge but the sentence was reduced from 8 months to 6 month's rigorous imprisonment. They have now come up in revision.

(2.) IT appears that Sri Abdul Hamid, Station Officer, Bisenda received information that the applicants used to go for watering their fields with un -licenced arms in the night. On receipt of this information he, along with some constables and 4 witnesses, namely, Baqar, Shabbir, Hira Lal and Manmohan Singh, started for village Bagha on the night between the 28th and the 29th Oct. 1952. They stopped on the way in the field of one Jeet Singh which lay to the east of village Bagha in order to arrest the applicants when they happened to pass that way. At about 4 am. the applicants passed that way and were arrested. On a search of their persons rifle (Ex. I) and bullets (Exs. II to VIII) were recovered from the possession of Jagan Nath; pistol (Ex. IX) and cartridges (Ex. X to XII) were recovered from the possession of Ram Adhar; and pistol (Ex. XIII), five percussion caps (Ex. XIV), four shots (Ex. XV) and gun powder (Ex. XVI) were recovered from the possession of Ratanwa. These articles were taken in custody and their recovery lists were prepared. The accused were then sent up for trial.

(3.) THE prosecution examined four witnesses, namely, Abdul Hamid Sub -Inspector, (sic), Manmohan Singh and Shabbir. The accused Jaganhath examined one witness, Sri Ram Sanehi Bharthi, M.L.A. in order to prove that there was enmity between him and Sri Abdul Hamid and that he had made complaints against the latter.