MAHENDRA PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Addl. Public Prosecutor.

(2.) Petitioner after trial was convicted by the learned trial Court under Section 25(1B) as also under Section 26 of the Arms Act, 1959 and sentenced to undergo rigorous imprisonment for one year under each count. The petitioner having preferred appeal, the same was decided by learned 6th Addl. Sessions Judge at Begusarai vide judgment dated 16.7.1998 in which the appeal was dismissed and the judgment of conviction and the order of sentence were upheld.

(3.) The learned Counsel for the petitioner has placed arguments only on sentence and submitted following points: (i) That only a country made pistol, without cartridge, has been recovered from the possession of the petitioner. (ii) It has not been proved that the petitioner was earlier convicted for any criminal offence, not it was brought on the record that he was made accused in other similar cases. (iii) This case had commenced vide FIR. dated 7.7.1988 and the learned trial Court delivered the judgment on 22.6.1993 and then the learned appellate Court entered into judgment on 16.7.1998.