RAVINDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Ravindra Singh, who has been found guilty for an offence punishable under Section 25(1-B) a of the Arms Act and directed to undergo R.I. for three years as well as also fined of Rs.500/- in default thereof to undergo R.I. for one month additionally vide judgment of conviction and sentence dated 15.01.2013 rendered by Ad-hoc Additional Sessions Judge, IIIrd, Munger has challenged the same.

(2.) PW-2, Rakesh Kumar, Officer-in-charge of Hemzapur O.P. recorded his self-statement on 30.01.2012 at about 05:00 A.M. at Durgapur Middle School alleging inter alia that on the same day at about 03:00 A.M. he received confidential information with regard to assemblage of anti-social elements at Durgapur Middle School who were planning to commit an offence, constituted a raiding party and conducted raid during course of which all the other accused managed to escape while appellant Ravindra Singh was apprehended. From his possession one country made loaded pistol along with two, .315 bore live cartridges were seized for which seizure list was prepared in presence of Chowkidar (shown as seizure list witness) as on account of wee hour there was non presence of independent witnesses at the spot.

(3.) On the basis of the aforesaid statement Dharharar P.S. Case No.11/2012 was registered under Section 399/402 of the IPC and 25(1-B) a, 26, 35 of the Arms Act whereupon investigation was taken up and after concluding the same charge sheet was submitted. Trial commenced thereupon and concluded in a manner, the subject matter of instant appeal.