RAMAVATAR SAHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal, against the judgment and order dated 31.12.2008, passed by the learned Additional Sessions Judge, (FTC), Dibrugarh, in Sessions Case No. 27/2007, convicting the accused/appellant and sentencing him to Rigorous Imprisonment for 2 (two) years, and to pay a fine of Rs. 500.00 (rupees five hundred), in default to undergo Rigorous Imprisonment for 2 (two) months for commission of offence under Sec. 25(1-B)(a) of the Arms Act.

(2.) The fact leading to the prosecution case is that, on 21.7.1997, the complainant (PW4), while on police patrolling duty, received information that a gang of dacoit's, armed with pistols, assembled in the residence of the present accused/appellant. On receipt of such information, at about 3:00 am, they rushed to the house of the accused/appellant, apprehended him and recovered a handmade pistol with 4 rounds of .303 live ammunition from his possession. PW4, the Investigating Police Officer, lodged an FIR with the Dibrugarh Police Station, which was registered as Dibrugarh PS Case No. 417/1997 under Sections 399/402 Penal Code read with Sec. 25(1-B)(a) of the Arms Act, and entrusted the investigation to the Investigating Officer (PW4). During the course of investigation, the Investigating Police Officer arrested the accused persons including the present appellant, forwarded them to judicial custody, and on completion of the investigation , submitted charge-sheet under the aforesaid Sections of law.

(3.) On receipt of the case, on being committed by the learned Magistrate, the learned additional Sessions Judge, Dibrugarh, framed charge against the accused/appellant under Sections 399/402 Penal Code read with Sec. 25(1-B)(a) of the Arms Act, to which charges, the accused persons pleaded innocence, and therefore, the learned Additional Sessions Judge, Dibrugarh, proceeded with the trial.