GONNU BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted by the judgment dated 8.7.1994 passed by the 6th Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No. 142 of 1982/ 1992 of 92, by which he has been convicted under Section 5 of the Explosive Substance Act and sentence to 3 years rigorous imprisonment and also under Section 25 (A) of the Arms Act and sentenced to 3 years rigorous imprisonment and no separate sentence has been passed under Section 26 of the Arms Act.

(2.) The prosecution case is that on 25.5.1991 a raid was conducted in the house of the appellant where a bag containing 5 cartridges of rifle and 2 sutari bombs were recovered.

(3.) The prosecution examined 8 witnesses out of whom P.W.1 is the informant and P.W. 5 & 6 are seizure list witnesses, P.W.7 is the Investigating Officer and P.W.8 is the witness on the point of sanction. P.W. 1, 2, 3 and 4 are members of the raiding party.