PRIYANATH DAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17.03.2006 of the learned Additional Sessions Judge, Kamrup, Guwahati passed in Sessions Case No. 94(K)/2005, by which the accused/appellant has been convicted u/s. 25(1)(A) of the Arms Act. Consequent upon such conviction, he has been sentenced to undergo rigorous imprisonment for 05(five) years and also to pay fine of Rs. 1000/ - and in default, to undergo another rigorous imprisonment for 02(two) months.

(2.) I have heard Mr. S.C. Biswas, learned counsel for the accused/appellant and have also heard Mr. D. Das, learned Additional Public Prosecutor, Assam. I have also perused the entire materials on record.

(3.) ON the basis of the aforesaid FIR, Kamalpur P.S. Case No. 68/1997 was registered u/s. 25(1)(A) of the Arms Act. During investigation, the seized arms and ammunitions were sent to armourer for examination and after obtaining necessary sanction from the appropriate authority, submitted charge sheet under the aforesaid section. In due course, charge was framed under the said section and the same was explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried.