SHAILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner Shailesh Kumar was found guilty for an offence punishable under Section 25(1-B) a of the Arms Act and has been directed to undergo S.I. for two years as well as also slapped with fine of Rs.2000/- in default thereof to additionally undergo S.I. of one month, under Section 26(1) of the Arms Act and directed to undergo S.I. for two years as well as also slapped with fine of Rs.2000/- in default thereof to additionally undergo imprisonment of one month with a further direction to run the sentences concurrently by Shri Lal Bahadur, Judicial Magistrate, 1st Class, Hilsa (Nalanda) vide judgment dated 20.10.2006 in G.R. No.84 of 2005 which has been concurred by the learned IVth Additional Sessions Judge, Hilsa, Nalanda vide judgment dated 02-08-2012 in Cr. Appeal No.37 of 2006 has challenged the successive judgments.

(2.) Pw-1, Arun Kumar Chaudhary recorded his own fardbeyan on 27-01-2005 disclosing therein that during course of conduction of raid in connection with Parwalpur P.S. Case No. 28 of 2005 under Section 364, 379, 34 of the Indian Penal Code after constituting a raiding party, at about 05:15 A.M. one person was found in suspicious circumstance at Jago Bigha who was apprehended and in presence of two seizure list witnesses Surendra Prasad and Ranjeet Prasad he was searched out and from his possession one country made loaded pistol was found as well as one cartridge .315 bore was also recovered for which seizure list was prepared.

(3.) Petitioner / accused Shailesh Kumar has been put on trial on account of submission of charge sheet after registration of Ekangarsarai P.S. Case No.29 of 2005 on the basis of the aforesaid written report and met with ultimate consequence, hence this revision.