MUNEER ALIAS GOLI Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgment and order dated 24.1.2018 passed by learned Additional Sessions Judge, Court No. 4, Jaunpur in Sessions Trial No. 16 of 2015 (State versus Muneer alias Goli) arising out of Case Crime No. 680 of 2014, under Section 3/25 Arms Act, Police Station Rampur, district Jaunpur whereby the appellant has been convicted and sentenced under Section 3/25 Arms Act with 3 years rigorous imprisonment and fine of Rs. 2000/- and in default of payment of fine with additional imprisonment of 2 months. The trial Judge has also given the benefit of Section 428 Cr.P.C. to the appellant.

(2.) Heard learned counsel for the appellant and learned A.G.A. Perused the record.

(3.) The background facts, in brief, are that according to the prosecution case, on 2.11.2014, a secret information was received by the police from a Mukhbir (informer) that accused Muneer alias Goli, involved in Case Crime No. 670 of 2014 under Section 307 I.P.C. and 3 (2) V of SC/ST Act, Police Station Rampur, district Jaunpur, is waiting for the vehicle at Sanjha Chulha Dhaba and if prompt efforts are made, he can be easily arrested. On this information, the police party reached at the spot and arrested the appellant alongwith one country made pistol and 2 live cartridges. After arrest, the recovery memo was prepared on the spot at 5.30 P.M. on the basis of which F.I.R. was registered on the same day at 6.30 P.M. at P.S. Rampur, district Jaunpur and the matter was investigated. After investigation the police submitted charge-sheet against the appellant. The case being triable by the court of Sessions, it was committed to the court of Sessions where charges were framed under Section 3 and 25 Arms Act against the appellant from which he denied and claimed to be tried.