RAMJIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) In the present writ petition, petitioner is challenging the order dated 4.12.2000 passed in Arms Appeal No. 132 of 1999 by the Commissioner, Patna Division, Patna whereby he has affirmed the order dated 10.8.1999 passed in Arms Case No.86 of 1981 by the District Magistrate, Rohtas (Sasaram) by which he has cancelled arms licence of the petitioner.

(3.) From the record it appears that an FIR was lodged against the petitioner and others making an allegation that there was dispute over the property in which mother of Dashrath Singh Yadav informant of Kargahar P.S. Case No.159 of 1981, G.R. No.1960 of 1981 died due to fire arm injury, that led to suspension of his arms licence and accordingly Arms Case No. 86 of 1981 was initiated. In Sessions Trial No. 378 of 1991 the petitioner and others were put on trial as all the prosecution witnesses turned hostile even the informant could not stand to the earlier version that led to acquittal of all the accused persons including the petitioner. Thereafter the Collector has proceeded in the matter and cancelled arms licence of the petitioner on the ground that in that incident one Raj Muni Devi mother of the informant of the aforesaid case had died which indicates violation of terms of licence and made them disentitled for keeping the fire arms with them and accordingly the licence was cancelled.