BHUSAN CHANDRA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 28.9.2007, passed by the learned Addl. Sessions Judge (FTC). Hojai at Sankardev Nagar in Sessions Case No. 349 (N)/2005 arising out of G.R. Case No. 588/1999 under Ss. 399/307 IPC read with Sec. 25(1 -B) of the Arms Act. By the impugned judgment and order, the learned Addl. Sessions Judge (FTC), Hojai convicted the appellant, under 25(1 -B) of the Arms Act and sentenced him to suffer rigorous imprisonment for 2 years and pay fine of Rs. 1,000/ - in default, suffer simple imprisonment for 30 days.

(2.) The prosecution case, in brief, is that on 10.9.1999, the Officer -in -Charge of Hojai Police Station received a secret information that some miscreants with firearms and weapons had assembled in the verandah of Sri Joyanta Paul of Bishnu Polly, Hojai, Nagaon for the purpose of committing crime. Accordingly, the Officer -in -Charge, alongwith his office staff namely, S.I., Sri D. Roy and Sri D. Bora rushed to the spot and cordoned the area at about 12 -30 pm. At the arrival of the police, the miscreants fired at the police party by using revolver and compelling the police party to retaliate by opening fire, as a result of which one of the miscreants sustained bullet injury. However, they managed to run away by throwing the revolver into the jungle. The police party chased the miscreants and caught two of the miscreants, namely, Shri Bhusan Roy (appellant) and Sri Nepal Roy (since acquitted). In order to trace out the revolver, alleged to be thrown by Shri Bhushan Roy into the jungle, the police searched the same in the nearby the jungle and recovered a point 38 revolver and one round of life cartridge from the jungle.

(3.) Accordingly, police registered a case under Ss. 387/307 IPC, read with Ss. 25(1)(1 -B)/27 of the Arms Act.