(1.) THIS Govt. appeal is directed against the judgment and order dated 11.7.2007 passed by Sri Deoraj Tripathi, Judicial Magistrate, 1st Class, Samastipur in G.R.No. 1917 of 2005, T.R.no. 2129 of 2007 by which respondent has been acquitted of the offence under sections 25(1-B)a and 26 of the Arms Act.
(2.) PROSECUTION case initiated on self statement of Badri Prasad Sinha P.W.2, in brief, is that on the day of occurrence that is 13.11.2005 in the morning he was on patrolling, received confidential information that accused Lal Babu Singh had come his home and was wandering with revolver. To verify the same he along with Chawkidar Ram Narayan Ram, Yogendra Ram and Ram Suhag Ram proceeded for accused person's village and reached near his house. Accused Lal Babu Singh started to run, in that course he threw something in bamboo clumps but ultimately was caught. He was searched in presence of independent witnesses Sudhir Kumar P.W.7 and Bishundeo Singh P.W.8. From his waist a country made Pistol recovered for which he had no valid paper.
(3.) AFTER concluding the trial, the case is ended in acquittal of accused respondent.