KAILASH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant suffered conviction under Section 25(1) of the Arms Act, for which he was sentenced to undergo rigorous imprisonment for a term of 5 years and was also sentenced to fine of Rs. 500.00. He was convicted also under Section 25(1-B) and Section 26(2) of the Arms Act for which he was sentenced to undergo rigorous imprisonment for a term of 2 years and 10 years respectively and was also sentenced to pay a fine of Rs. 500.00 on each of those two counts with a direction that all the sentences shall run concurrently.

(2.) The facts which led to conviction of the appellant can be recapitulated with brevity. Mahendra Pratap Singh SI, PW 13. acting on a tip-off that the appellant and one Jai Prakash Sharma, involved in trade of manufacturing, shortening and making arms suitable by required adjustment for being effective for supply to criminals and selling them in market on higher price, on mis-representation, of these fire arms to be of foreign origin in company of other police officials, laid a trap in the house of the appellant on 24th June, 2000 when allegedly large number of fire arms and instruments for manufacturing arms, and cartridges were seized in presence of two independent witnesses. A police case had been registered and investigation followed, on completion of which the police laid charge-sheet and the appellant was eventually put on trial.

(3.) In the eventual trial that followed, State examined altogether 13 witnesses including Reporting Officer, Investigating Officer, other police officers. Home Guard jawans, chaukidar and also two seizure list witnesses.