SUNIL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) An Order of conviction and Sentence, passed by the learned Additional Chief Judicial Magistrate-VII, Sasaram, in G.R. No. 4473 of 2017, convicting the accused/petitioner for committing offence under Sec. 25 (1-B)A and 26 of the Arms Act and sentencing him for rigorous imprisonment of three years and also to pay fine of Rs.10,000.00 in default, simple imprisonment for three months, was challenged in Criminal Appeal No. 78 of 2018 before the learned Additional Sessions Judge, 3rd Court, Rohtas, at Sasaram. The Appellate Court affirmed the judgement and order of conviction and sentence passed by the learned Additional Chief Judicial Magistrate-VII, Sasaram.

(2.) Challenging the judgement and order of sentence, the accused/convict has filed the Instant Revision.

(3.) Prosecution case in brief is that, on 3rd of December 2017, at about 5.30 pm, one Umakant Dwivedi (informant) along with Police Force, comprising of Hawaldar Nathu Mahto, Constables Santosh Kumar and Dewan Resad Khan were on special patrolling duty and search operation. When the Police party was returning through Mahua Pokhar village and reached near an orchard, they noticed that seeing the Police vehicle, one person started fleeing away. They stopped the Police vehicle and chased and apprehended the said person. On search, the Police party recovered a country made pistol and five numbers of live cartridges from the right pocket of the said apprehended person. They also recovered five live cartridges of 12 bore from the left side pocket of the said person. The apprehended person stated his name as Sunil Yadav. The Police Officer, namely, Umakant Dwivedi seized the said firearm and live cartridges in presence of Nathu Mahato and Santosh Kumar, both Police Personnel. After completion of search and seizure, the Police Officer arrested the accused and came to the Police Station. Sub-Inspector Umakant Dwivedi submitted a complaint against the accused. On the basis of the said complaint, Police registered a case against him and on completion of investigation submitted charge-sheet against the accused.