KEDAR BARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Sections 25 (a) and 26 of the Arms Act and were sentenced to undergo R.I. for five years under each count.

(2.) The prosecution case, in brief, is that on 7.10.1986 at about 5 a.m. one Ram Janam Bhagat had gone to attend the nature's call at Gangi river in Mohalla Begumpur near Ara town. It has been alleged that several others had also gone there for the same purpose near the river. They saw both the appellants along with other moving in suspicious manner, having bundles on their heads. Ram Janam Bhagat enquired about their whereabouts upon which they became nervous and began to flee away. He raised India and with the help of local people both the appellants were apprehended. But others fled away. Double-barrel gun, several cartridges, a country-made pistols and several rifle cartridges were recovered from their possession besides bundles of cloth, etc. It has been stated that both the appellants confessed before the witnesses that they have committed dacoity in village Lauharfarna, P.S. Barhara and they were in possession of those looted articles besides the above fire-arms. The villagers brought the appellants to Barhara Police station and also produced the recovered articles along with the fire-arms. The seizure-list was prepared and the police took them into custody. On the basis of the written report of S.I., Arrah town P.S., the case was instituted. After completion of the investigation, charge-sheet was submitted against the appellants. Cognizance was taken and the case was committed to the court of sessions. Subsequently, the trial concluded and the appellants were convicted as stated above.

(3.) The appellants pleaded not guilty and stated that they have been falsely implicated due to enmity.