JAI GOBIND UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants has been convicted under Section 353 of the Indian Penal Code and sentenced to a period of one year rigorous imprisonment as also under Section 25(1-B)a and 27 of the Arms Act and sentenced to three years rigorous imprisonment by the 6th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 323 of 1993 by a judgment dated 16.4.1994.

(2.) The prosecution case is that the Informant received information that a Culprit was selling Arms at a certain location and when he was fleeing, he attempted to fire at the Police Force but was caught. A country made pistol with fired cartridge was recovered from his hand and from his shoulder a bag containing five country made pistols and four Cartridges were recovered.

(3.) The Appellant was charged under Sections 307 and 353 of the Indian Penal Code but he was acquitted of the charge under Section 307 of the Indian Penal Code.