UPENDRA RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) CONCURRENT finding of guilt and the sentence recorded by the trial Court and affirmed by the appellate Court has been impugned in this revision. Factual matrix are that Bairia Police oh tip of information about complicity of the petitioner in a case of dacoity committed in village Khiryaghat, laid a trap in his house, which led to seizure of arms and cartridges and also some quantity of narcotic drugs. A Police case had been registered, investigation commenced and on its conclusion. Police laid charge-sheet before the Court.

(2.) DURING trial that commenced, the State examined altogether seven witnesses, including seizure list witness, Reporting Officer and also those who constituted raiding party. The Court also examined one Satya Narain Prasad as a Court witness who brought on record, sanction order passed by the District Magistrate for prosecution of the petitioner under the Arms Act. Defence of the petitioner, both before the Court below and the appellate Court, has been that of innocence and plain denial of his complicity, negativing the seizure allegedly from his house. However, the trial Court while rejecting plea of innocence of the petitioner, recorded verdict of guilt under Section 25(1)(b)(a) and 26(1) of the Arms Act and sentenced the petitioner to suffer rigorous imprisonment for a term of three years each on both counts with a direction that both the sentences shall run concurrently.