BAIDYANATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 27.4.1992 of the 1st Assistant Sessions Judge, Muzaffarpur, passed in Sessions Trial No. 35 of 1986 whereby the petitioner has been convicted under Secs. 25 (B) and 26 (A) of the Arms Act and has been respectively sentenced to undergo RI for three years and six years. The conviction under Sec. 26 (A) of the Arms Act is appears to be mistaken for conviction under Sec. 26 of the Arms Act.

(2.) THE prosecution case, as disclosed in the fardbeyan of the informant Mahesh Paswan, chaukidar as recorded by ASI C.B. Sharan on 19.5.1985 at 16.10 hours at the house of the appellant Baidyanath Mahto is that on that day (19.5.1985) at about 12.00 noon he (informant) learnt that some arms and ammunitions were kept concealed in the house of the appellant. Learning this, the informant with Khobari Sahni (PW 1), Munarik Sahni, Babaji Sahni (PW 3) Turant Lal and Charitar Sahani (PW 6) went to the house of the appellant and recovered four country made pistols and four cartridges as well as five torch lights wrapped in a cotton bed -sheet was also recovered from the house. Besides this, one more country made pistol kept concealed in a gunny bag and two cartridges kept in a box were also recovered from the house. After the recovery, the officer in -charge of Mushahri Police out post was informed and then the ASI C.B. Sharan arrived there and he recorded the informant 'sfardbayan. The seizure list (Exhibit -4) was also prepared by the ASI C.B. Sharan. The informant also stated in the fardbayan that he with the assistance of the villagers also captured the appellant. Baidyanath Mahto, who was handed over to the police. On the basis of fardbayan, formal FIR (Exhibit -6) was registered at Bochaha Police Station and after completion of investigation chargesheet was submitted and then on the trial the appellant was convicted.

(3.) THE informant (PW 2) deposed that the villagers informed him that Baidyanath Mahto had kept some arms and ammunitions concealed in his house and he along with Jamun Bhagat (not examined), Babajee Sahni (PW 3), Khobhari Sahni (PW 5), Munarik Sahni and Sant Lal Sahni (both not examined) went to the appellant 'shouse and recovered four revolvers, six torches and two cartridges from below the Chauki kept in the house and that one country made pistol kept in a gunny bag and one cartridge kept in a box was also recovered from the house. He also deposed that the appellant tried to escape but he was apprehended. He stated that his fardbayan was recorded. In the cross -examination, at para 6 he deposed that at the time of search the appellant was not present in the house.