KANCHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been made accused and found guilty for offence under section 25(1)(a) of the Arms Act and sentenced to undergo simple imprisonment for seven years and also to pay a fine of Rs.5000.00. He has also been convicted under Section 26(2) of the Arms Act and sentenced to undergo simple imprisonment for ten years and to pay a fine of Rs.5000.00 by the 3rd Additional Sessions Judge, Bettiah, West Champaran, in Sessions Trial No. 147 of 1999. It may be noted that the appellant has remained in custody for 2 years, 7 months and 22 days during the pendency of this case.

(2.) THE prosecution case is that the informant alongwith the police personnel raided the house and premises of the appellant and recovered one country made gun of .12 bore, one country made pistol of .12 bore and various half made parts of guns alongwith tools utilized for manufacturing of arms. It goes without saying that the appellant did not have a licence to open any such manufacturing unit.

(3.) P .Ws. 1, 2, 3 and 6 are the police personnel who had accompanied the informant at the time of making search in the premises of the appellant. All of them have supported the fact that country made arms and tools for manufacturing arms were recovered from the premises of the appellant. The informant P.W. 7 has produced the articles seized by him from the Malkhana and has pointed out the items that were recovered from the appellant's shop cum house. It is, therefore, clear and cannot be doubted that the seizure was made from the appellant and despite the fact that seizure list witnesses have become hostile, there is sufficient evidence to indicate that the articles were seized from the premises of the appellant.