DEOMUNI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Sections 397 and 401 of the Code of Criminal Procedure against the order dated 13.9.1996 assed by learned Vth Additional Sessions Judge, Dhanbad in Sessions Trial No. 540 of 1995 arising out of Dhanbad PS Case No. 669/94 corresponding to G.R. No. 4305/1994 registered under Sections 25(1)(b)/26/27/35 of the Arms Act, 1959, whereby and whereunder the petitioners' prayer for discharge in the case was rejected.

(2.) The prosecution case as indicated in the FIR is that on 12.11.1994, the Informant had received information on telephone that a firing was being done in village Jharudih and after entering the same in Station diary being Station diary No. 316 dated 12.11.1994, the Informant along with other police officials proceeded to village at about 9.15 a.m. where it was found that 6/7 persons armed with rifle and country-made pistol indulged in firing and after seeing the police party started feeling away, but on chase two persons were apprehended by the police party on the roof of the house of Deomuni Sharma, who disclosed their names as Ajay Kumar Sharma and Bimal Kumar. From the possession of Ajay Kumar Sharma, one leaded rifle and 10 live cartridges of 3.15 bore were recovered. From the possession of Bimal Kumar, one loaded country-made pistol and 5 live cartridges of 3.15 bore were recovered. Accordingly, the seizure-list was prepared in the presence of the independent witnesses and the case was registered against all the petitioners. The police investigated the case and submitted the charge-sheet against the petitioners. However, the petitioners had filed a petition before the trial Court praying therein to discharge them, and after hearing both sides, the said petition was dismissed by order impugned dated 13.9.1996.

(3.) Heard learned Counsel for the petitioners and also the learned A.A.P. for the State.