(1.) Heard Sri Hemant Kumar Mishra learned counsel for appellant and Mrs. Zeba Islam Siddiqui Additional Government Advocate for respondent.
(2.) Challenge in the present appeal is judgment and order dated 3.10.2000 passed by Additional Session Judge, Court No. 2, Unnao in Session Trial No. 461 of 1998 State v. Rajesh Pasi under section 3/25 Arms Act whereby the appellant Rajesh Pasi son of Sri Kallu Prasad resident of village Banwari, police station Asiwan, District Unnao was sentenced to undergo one year rigorous imprisonment.
(3.) The brief facts giving rise to the present appeal are that on 30.7.1998 when S.S.I. Sri Nand Kishore Pandey was in search operation of the wanted criminals in case crime No. 881 of 1991 with other police personnel's and reached near village Banauni, he was communicated about some persons having criminal antecedents and when the informant communicated towards the accused-appellant, the police personnel stopped him but the accused-appellant fled away and by use of necessary force, he was caught on the spot and after search, a country made pistol and five live cartridges were recovered from possession of the accused. It is also theory of prosecution that during the course of catching hold the accused-appellant, he fired on the police personnel but there was no injury to any of the police personnel. First information report was lodged in the police station and after investigation, a charge sheet under Section 307 IPC and 3/25 Arms Act was filed before competent court where the case was committed to the court of session for trial. After recording the evidence led by prosecution and argument the accused was acquitted under Section 307 of IPC. While disposing the case under Section 307 IPC, the learned court below found the accused guilty under Section 3/25 Arms Act and sentenced him to undergo an imprisonment of one year.