OM PRAKASH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prosecution case initiated on fardbeyan of one Dinanath Prasad, in brief, is that on 26.10.1996 he alongwith S.I. Krishna Kumar Singh (P.W. 1), constable no. 436 Surajnarayan Uraon, No. 405 Lakhiram Marandi (P.W. 3), No. 449 Dhirendra Kumar (P.W. 5) and No. 1580, Janardhan Thakur (P.W. 4) were on law and order duty, reached Village-Bindwara received information about illegal manufacturing of firearms by sons of Singheshwar Prasad Sharma. Appellants are sons of Singheshwar Prasad Sharma. Their house was raided. Search was conducted in presence of two local independent witnesses, namely Satish Kumar Mandal (P.W. 6) and Ashok Kumar Sharma (P.W. 7). Appellant No. 1 was apprehended who was engaged in illegal manufacturing of firearms. An iron vios fitted in a wooden frame, an iron shaw and three shaws, retti, Iron frock, hammer, two chheni, one summa, iron body of pistol, trigger of pistol, one iron trigger and one iron spring recovered from there and they were seized. Accordingly, a seizure list was prepared. One of its copy was handed over to apprehended accused-appellant, Om Prakash Sharma, his signature was obtained. He was asked to justify keeping of those articles but there was no proper reply.

(2.) Informant was further informed about illegal manufacturing of arms by appellant no. 2 Subodh Kumar Sharma also, so a search was conducted in presence of local independent witnesses. From his house, there was recovery of iron vios fitted with wood, one head, one hand vios, two barrel of pistol about 6" in length, two wire of brass, handle of a butt of pistol, trigger guard of pistol, six small and big retti, shaw of iron plate for cutting the iron, sand paper, one frock and two small sheet of iron were recovered (seized) and accordingly, seizure list was prepared which was signed by independent witnesses also.

(3.) The trial is ended in conviction and sentence to accused-appellants for the offence under Sections 25(1)(a) and 26(2) of the Arms Act.