RANJEET KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is against the concurrent findings recorded by courts below by which the finding of suit under Sections 25(1B)A and 26(1) of the Indian Arms Act recorded by trial court and sentencing him to suffer simple imprisonment for a term of one year each under both counts and also sentencing him to pay fine of Rs. 500/ - (five hundred) in each count, with a direction that all the sentences shall run concurrently was affirmed by the appellate court.

(2.) The factual matrix are that Khagaria Police on tip of information about assemblage of miscreants in village Sanhauli, led a trap in house of Sagar Mandal, when Petitioner along with two others was apprehended, and their personal, led to seizure of arms and ammunitions from their conscious possession. As for Petitioner, it was alleged that there had been seizure of loaded country made pistol from his possession for which he did not have any valid authority. After a police case, making such accqusations was registered, investigation commended, on conclusion of which the police laid chargesheet before the court. In the eventual trial that commenced, the prosecution examined a number of witnesses.

(3.) THE defence of the Petitioner had been that of plain innocence and he ascribed false implication. The trial court, however, rejecting the plea of innocence of the Petitioner, placed reliance on the testimony of the witnesses who were police personnels and other witnesses, and recorded finding of guilt and sentenced the Petitioner and two others in the manner stated above. As has been stated, when the matter was carried in appeal, the finding recorded by the court below was affirmed by the appellate court too, which is impugned in this revision.