RAJESH THAKUR @ RAJESH KUMAR THAKUR, SON OF KAMLA KANT THAKUR AND BABLU THAKUR ALIAS BABLU KUMAR THAKUR, SON OF LATE GOPALNATH THAKUR BOTH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants have come up before this Court through the present appeal to challenge the appropriateness of the findings on their conviction recorded by the learned Presiding Officer of Fast Track Court-I, Purnea in Sessions Trial No. 286 of 1996. By judgment delivered in that case on 22.12.2006 the appellants were held guilty of committing offences under Sections 25(1-B) and 26(2) of the Arms Act and each of them was directed to suffer rigorous imprisonment for three years and five years respectively on the two counts of their conviction. It was directed that the sentences were to run concurrently.

(2.) On 21.01.1993 P.W.1, as per his written statement had some information that a truck had been hijacked by some criminals. Accordingly. P.W.1 along with some of his police force was waiting for arrival of the truck which bore registration No. BR-1A/5147 and at about 12.20 A.M. he found the truck coming from Banmankhi side. The truck was intercepted at Dhamdaha chowk and the two appellants were found sitting inside. Their persons were searched in presence of P.Ws.3 and 4. An illegal country made pistol with one cartridge each was found in possession of each of the two appellants.

(3.) The seizure memo, Ext-2, was prepared and the two appellants were taken into custody. On the self statement(Ext-1)of P.W.1 the FIR of the case was drawn up and P.W.1 himself took up the investigation which ultimately ended in submission of chargesheet against the two appellants after their trial which ended finally in the impugned judgment.