SK. GIASUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against the Judgment and Order of conviction dtd. 30/7/2008, passed by Learned Additional Sessions Judge, 2ndFast Track Court, Arambagh, Hooghly in Sessions Trial Case No. 11 of 007 and thereby convicting the appellant under Sec. 25 (1)(B) (a) of the Arms Act, 1959 and sentencing him to suffer rigorous imprisonment for a period of one year and also to pay a fine of Rs.5,000.00, in default to suffer rigorous imprisonment for a period of three months in respect of the offence under Sec. 25 of the Arms Act, 1959.

(2.) A complaint filed by Akhil Chandra Bhowmick S.I. of Police Arambagh P.S. dtd. 8/9/2002 before the Officer-in-Charge Arambagh P.S. precisely stated that on 8th Day of September, 2002 at 10:40 hours the appellant along with five or more other persons possessing fire arms were whispering to one another concealing their presence from the public for committing dacoity under a tree behind Girls College, Arambagh, on the side of river embankment of Dwarakeshwar. Receiving such information over telephone the police reached the spot. At the sight of the police the assembled five people escaped. After being chased, one out of five persons could be apprehended by the police in front of the C.T. Nursing Home, Arambagh and on interrogation his identity to be Sk. Giasuddin was revealed. On search of his body a concealed Country made pipe gun loaded with one round ammunition from the right side of the waist beneath his shirt was recovered. Another Country made pipe gun loaded with one round ammunition along with some gold and silver ornaments, a cash of Rs.1054,.00 clothings, one torch, an umbrella etc. were further recovered from the bag carried by him on his shoulder. The aforesaid articles were seized under a seizure list duly signed by the witnesses to the seizure. The appellant, Sk. Giasuddin was subsequently arrested. Returning to the police station a written complaint was lodged against the appellant and the persons whose names were disclosed by him.

(3.) Based on the complaint, Arambagh P.S. Case No. 117/2002 against the accused persons investigation was initiated under Ss. 399/402 of the Indian Penal Code read with Ss. 25 and 35 of the Arms Act which culminated in submission of charge sheet against the accused persons.