MAU SINGH Vs. STATE BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4-6-1992 passed by Ist Additional Sessions Judge, Nawadah, in Sessions Trial No. 2 of 1988/28 of 1982 convicting and sentencing the appellants to undergo R. I. for 3 years under S. 25{A) of Arms Act, R I. for 5 years under Secton 26 of Arms Act and R. I. for 7 years under S. 5 of Explosive Substances Act. All the sentences were, however, ordered to run concurrently. Appellants were convicted under S. 35 of Arms Act but no separate sentence was awarded under this count.

(2.) Prosecution case, in short, is that informant Sureshwari Pandey (not examined) on 24-10-80 while investigating another case registered as Hasua P. S. Case No. 10/80 received secret information that appellants had kept stolen articles in their village. Informant entered this information in Station Diary as Entry No. 431 dated 24-10-80 and along with Sayabuddin and Md. Sayeed, both Executive-Magistrates (not examined), SI Govind Prasad (PW-4), Hawildar Dasarath Sah (PW-1), constable Ram Sumer Singh (PW-2), constable Gulzar Rai (PW-3), constable Naslmul Haque (not examined), constable Ramanand Ram (not examined) along with Dy. S. P., Nawadah and Hawildar Parshuram Singh (not examined), constable Ram Prasad Singh (not examined), constable Sukhdeo Paswan (not examined), constable Yogendra Mandal (not examined) and constable Ram Prakash Singh (not examined), proceeded for village of appellants and after reaching there surrounded the Joint house of the appellants. A search of the Joint house of the appellants was made in presence of Independent witnesses namely, Girija Nandan Pandey (not examined) and Suresh Singh (PW-5). During course of search appellant Parsuram Singh fled away from the house, appellants Rajendra Singh and Muni Singh were apprehended and on their indication countrymade gun and countrymade pistol were recovered from the tiled roof and a broken box. Six live cartridges and one tin containing explosive powder in small 'puriyas' were also recovered. Seizure list was prepared.

(3.) On the basis of written report of informant (Ext. 3), formal FIR (Ext. 2) under Sections 353/186, I. P. C. and 25/26/35 of Arms Act as well as under S. 5 of Explosive Substances Act was drawn and after Investigation chargesheet was submitted under the aforesaid sections and appellants were put on trial and after trial they were found guilty and were convicted and sentenced as indicated above.