RAGHUNI MUKHIA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as (earned Additional P.P. for the State. Petitioner is aggrieved by the judgment dated 30.11.2010 passed by Sri Girish Mishra, Judicial Magistrate, 1st Class, West Champaran at Bettiah in G.R. Case No. 2877/2005 convicting the petitioner for an offence punishable under Sections 25(1 -B)(a) and 26(1) of the Arms Act and further directed to undergo R.I. for a period of two years as well as also slapped with a fine of Rs. 2,000/ - under both counts in default thereof, to undergo S.I. for one month directing the sentences to run concurrently as well as judgment dated 23.3.2013 passed by Ad hoc Additional District & Sessions Judge, West Champaran at Bettiah in Cr. Appeal No. 95/2010 dismissing the appeal.

(2.) PW -1, Manvendra Kumar, the then Officer Incharge of Jogapatti P.S., recorded his own Fard -e -beyan on 2.11.2005 (overwriting at every place where dates have been scribed) disclosing therein that on confidential information, he conducted raid at the house of petitioner after constituting a raiding party and it has been alleged that a country -made gun was recovered therefrom for which Jogapatti P.S. Case No. 217 of 2005 was registered followed with investigation as well as submission of charge -sheet leading to trial ultimately concluding in conviction of the petitioner/accused having concurred at the stage of appellate court, hence this revision.

(3.) NOW coming to the evidence of remaining witnesses, it has been submitted on behalf of the petitioner that PW -1 is the informant himself, PW -2 is the Ballistic Expert, PW -3 is the I.O. and from the evidence of these three PWs, it is apparent that arm so recovered was never wrapped or sealed at the time of seizure as well as during course of investigation. It has also been submitted that PW -1 had himself admitted that such kind of arms are kept in Malkhana and on account thereof, the authenticity of the seizure of arm from the house of the petitioner became doubtful.