(1.) THIS appeal is preferred against the judgment of the learned Additional Sessions Judge, Sambalpur, convicting the accused Appellant under Sections 25 and 27 of the Arms Act, 1959 (hereinafter referred to as 'the Act') and sentencing him there under to undergo rigorous imprisonment for three years under each of the counts, with a direction that the sentence so imposed on him should run concurrently.
(2.) THE prosecution case, briefly stated, is that on 21 -08 -1982 at about 9 p.m. in Sambalpur town, the Circle Inspector of Police, Sambalpur, on getting information that the accused persons wanted in connection with town P.S. Case No; 501 of 1982 were present near the Municipal Office, proceeded with A.P.R.Force and on seeing them the associates of the Appellant managed to escape, while the Appellant failed in his attempt to escape and at that timed Appellant pointed a loaded revolver and a knife at the C.I. (P.W. 1.) standing close to him and, as the C.I. (P.W. 1) struck him with a lathi, he fell down and thereafter the Police arrested him and seized the loaded revolver and the knife, and also recovered some live cartridges from him.
(3.) AT the outset the learned Counsel for the Appellant raised a preliminary point that the trial Court acted illegally in taking cognizance against the Appellant under Sections 25 and 27 of the Act without valid sanction as required under Section 39 of the Act. As the preliminary point urged by the learned Counsel for the Appellant goes to the root of the matter; it is proper that the same should be decided in the first instance, before considering, the case on merits.