THE STATE Vs. LENBOM LONKHOLAM SIMTE AND ORS.

JUDGEMENT

(1.) CRIMINAL Appeal No, 14 of 1962 is filed by the State against the acquittal of the 9 respondents, who were accused Nos. 6 and 8 to 15 in the Court of the First Class Magistrate Shri H. Ibungoyaima Singh, Criminal Revision No. 16 of 1962 is also filed by the State for the enhancement of the sentence of fine of Rs. 500/ - each passed by the said Magistrate against the 6 respondents therein, who were accused Nos. 1 to j and 7 Under Section 19 of the Indian Arms Act.

(2.) THE case arose under the following circumstances:

(3.) ON 4 -12 -61, the Magistrate passed an order that from the evidence on record the prosecution was unable to prove that there was any pre -plan pr agreement between the accused persons to do any illegal act and therefore no case was made out against the accused to warrant their convictions Under Section 120B Indian Penal Code and hence there were no grounds for committing the accused persons for trial. But he stated that from the evidence before him a prima facie case was established against accused Nos. 1 to 7 Under Section 19(f) of the Indian Arms Act and against accused Nos. 8 to 15 Under Section 21 of the same Act and that the said offences were triable by his Court. So, he framed charges against accused Nos. 1 to 7, Under Section 19(f) of the Arms Act to the effect that they were in possession of 15 guns, rifles and ammunition at the Tishenpur Police gate on 31 -5 -60. Against accused 8 to 15, the charge framed was that they handed over their guns to accused 1 to 7 and thereby violated I condition No. 2 of the licence.