JAWAHIR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 25(1)(a) and 26(1) of the Arms Act and convicted to rigorous imprisonment for three years and a fine of Rs.5,000/- in default of which a further imprisonment for three months and five years and a fine of Rs.10,000/- in default of which simple imprisonment for six months, respectively, by the 3ard Additional Sessions Judge, Bettiah, West Champaran, by a Judgment and order of conviction dated 22/23.1.2001.

(2.) The case of the Prosecution is that on 14.2.1987, while the Officer-in-Charge had organized Anti-Dacoity Campaign, he apprehended the present Appellant. From his possession, .22 bore rifle (regular) and four cartridges of .22 bore were recovered.

(3.) The Prosecution in all examined 13 witnesses out of whom PW-1 Gopal Prasad, PW-3 Umesh Prasad, PW-6 Billiam Topno, PW-9 Hathi Bahadur Thapa, PW-10 Thakur Singh Guruj, PW-11 Pradeep Chatri and PW-2 Madan Mohan Mahto. PW-4 Lalan Pd. Singh and PW- 5 Bhubneshwar Pd. Singh have been tendered. Apart from PW-10, no other witness has been cross-examined. PW-13 Ramadhar Pandey is the Investigating Officer.