AMOD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) In brief, on information police party reached the place where Orchestra Programme was going on. Three persons were apprehended from there alleging that they were trying to escape from the gathering. Of them one loaded country made pistol was recovered from co-accused Binda Singh, one cartridge from the possession of petitioner No. 2 and nothing was recovered from petitioner No. 1. This much of the story was made for accusation against all the three for the offence under sections 25(1-B)a, 26 and 35 of the Arms Act.

(3.) Out of them two (petitioners) faced trial and convicted by the trial court for the offence under Sections 25(1-B)a, 26 and 35 of the Arms Act. Petitioner No. 1 was sentenced for one year for the offence under Section 25(1-B)a of the Arms Act and one year for Section 26/35 of the Arms Act and petitioner No. 2 for two years each for the offence under Section 25(1-B)a, 26 and 35 of the Arms Act which is confirmed in appeal also. Legality, correctness and propriety have been questioned for filing this revision.