MD. AMSOR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY the impugned judgment and order, dated 3.8.2002, passed, in Criminal Appeal No. 30(N)/2001, the learned Sessions Judge, Nagaon, has dismissed the appeal preferred by the accused -petitioner and has upheld thereby the judgment and order, dated 24.8.2001, passed, in G.R. Case No. 1634/1999, by the learned Judicial Magistrate, Nagaon, convicting the present accused -petitioner under Section 25(1)(a)of the Arms Act, 1959, and sentencing him to suffer imprisonment for 2 (two) years.

(2.) THE case against the accused -petitioner, as unfolded at the trial, may, in brief, be described, thus : On 6.2.1999, at about 6 P.M., a search was conducted, at the house of the accused -petitioner, at Barbeel Kocharigaon. The search led to the recovery of a hand -made pistol. This pistol was, vide seizure list (Ext. 1), seized by the police in the presence of the witnesses. On 8.9.1991, an Ejahar was lodged by the Police Officer, who had seized the said pistol, and a case was registered against the accused -petitioner under Section 25(1)(a) of the Arms Act, 1959. During the course of investigation, the said pistol was examined by a ballistic expert, whose finding was that the seized material was a fire -arm and is in serviceable condition. On completion of investigation, police laid charge -sheet against the accused -petitioner under Section 25(1)(a) of the Arms Act, 1959.

(3.) I have heard Mr. P. Katoky, learned Counsel, appearing on behalf of the accused -petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing on behalf of the State respondents.