MUNNA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) GOPAL Prasad, J. Heard learned counsel for the appellants and learned counsel for the Additional Public Prosecutor.

(2.) THE appellants have been convicted under Sections 25(1 -A)(1 -B)A, 26 and 35 of the Arms Act and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 50,000/ - for the offence under Section 25(1 -A) of the Arms Act and in default of payment of fine, simple imprisonment for three months and they have further been sentenced rigorous imprisonment for three years and fine of Rs. 25,000/ - for the offence under Section 25(1 -B) A of the Arms Act and in default of payment of fine simple imprisonment for one month and 15 days and further sentence to undergo rigorous imprisonment for three years under Section 26 of the Arms Act whereas no sentence was awarded under Section 35 of the Arms Act.

(3.) DURING the trial, nine witnesses were examined by the prosecution who are P.W. 1 Jitendra Prasad, P.W. 2 Bambam Choudhary, P.W. 3 Vinay Kumar, Officer -in -Charge, Pakari Deyal, P.W. 4 Rajmani, one of the members of raiding party, P.W. 5 Dhananjay Kumar, P.W. 6 Devendra Kumar Pandey, P.W. 7 Arun Kumar Singh, P.W. 8 Md. Shibali Nomani, P.W. 9 Subodh Kumar, who is the Investigating Officer. The documentary evidence adduced are Ext. 1 seizure list, Ext. 2 series is the confession of the accused persons and Ext. 3, the report of the Sergeant Major.