ABDUL MOKID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of a judgement and order of conviction and sentence dated 15th September, 2007 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Berhampore, Murshidabad convicting the accused/appellant under Section 25(1B) of the Arms Act and sentencing him to suffer rigorous imprisonment for 2 1/2 years and to pay a fine of Rs. 1000/-; in default to suffer further rigorous imprisonment for three months.

(2.) The prosecution case in brief is that on 19th April, 2002 one Prasanta Mukherjee, Sub-Inspector of Daulatabad Police Station lodged a complaint with the Officer-in-Charge of Daulatabad P.S. alleging that he along with S.I. Partha Sarathi Chakraborty, Constable Ananda Pramanick, Constable Rup Sanatan Kundu and Constable Sanjib Dhar were performing night patrol duty on State Highway within the jurisdiction of Daulatabad P.S. and holding raid against accused persons vide Daulatabad P.S. G.D. Entry no. 758 dated 19th April, 2002 and MCC no. 976/02 dated 19th April, 2002.

(3.) The complainant along with his companion went to Gurudaspur village where according to the secret information, the appellant being a notorious criminal was supposed to be found out. It was also alleged that the appellant was a wanted accused in connection with Daulatabad Police Station Case no. 53/2001 dated 29th December, 2001 under Sections 326/307/34 of the Indian Penal Code read with Section 25/27 of the Arms Act and Section 3/4 of the Explosive Substances Act. Accordingly, on the basis of the secret information the complainant tried to collect two local witnesses, but in vain as none of the local witnesses extended their co-operation to them.