RAVINDRA KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of conviction dated 20.08.2014 and 25.08.2014 passed in G.R. No. 723 of 2010 (arising out of Gopalpur (Rangra) P.S. Case No. 168 of 2010 passed by Sri V.K. Sinha, Additional District & Sessions Judge -1, Naugachia, by which the appellant has been convicted for offence under Sections 25(1 -B)a of Arms Act and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 5,000/ - and further convicted for offence under Section 26 of Arms Act and sentenced to undergo rigorous imprisonment for five years and fine of Rs. 5,000/ - and in case of default of payment of fine regarding both the offences under the Arms Act, the appellant has been sentenced to undergo simple imprisonment for two months. The appellant has been further convicted for offence under Sections 20(b)(i) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 1,00,000/ - and in default of payment of fine further sentenced to simple imprisonment for two years. All the sentences have run concurrently.

(2.) THE prosecution case as alleged in the First Information Report by the informant, Subhash Baidyanathan, S.H.O. of Rangra O.P. alleging therein that in between the night of 14/15 -07 -2010 at about 11.45 P.M. he got secret information at the police station that in the house of Mukti Prasad Singh, resident of Village -Madrouni that on this house illegal arms and Ganja has been kept and is likely to remove the same and hence he recorded the Sanha No. 268 and informed the Superintendent of Police, Naugachia regarding the said information and as per his instruction, constituted a raiding party and proceeded for raid. They reached and surrounded the house of Mukti Singh for raid then he heard sound of fleeing away of three persons from the western side of the house then chased but two persons manage to escape. However, one person was arrested who disclosed his name as Pankaj Singh and name of fleeing persons were Mukti Singh and Rabindra Singh who are said to have father and brother of Pankaj Singh. Then raided the house and search was done in accordance with law. It is alleged that one packet of Ganja recovered from the possession of Pankaj Singh weighing about 20 K.G. and on search a regular single barrel gun of 12 bore was recovered from the North Eastern room of the house of Mukti Singh which was concealed under the bed. The measurement and description of that gun has been mentioned which was loaded with one cartridge of 12 bore and 20 cartridges including one blank cartridge were also recovered which were kept in a belt of cartridges. 11 cartridges were of No. 1 and 9 cartridges were bullet. On search of room of Rabindra Singh, who had fled away one regular single barrel gun of 12 bore of given description was found kept under the bed in the north direction and this gun was also loaded with a cartridge of 1 of 12 bore and there was KF 12 Scribed in the bottom. 24 live cartridges were also recovered which were kept in a green coloured belt of cartridges in which 3 cartridges were of KF 1 and 21 cartridges were bullets of Shaktiman Express Company and in the bottom of all these cartridges, Shaktiman Express 12 bore was scribed. From the southern corner of the eastern room, a country made Katta of given description was found in an Amlirah and a packet of cartridges was also found containing 10 live cartridges of 315 bore and in the bottom of cartridges 8 MM. R.F. was scribed. On that packet 315, 8 M.M. -10 rimmed cartridges, bullet 244 CR. soft none was scribed. One charger of three -not -three rifle and cleaning rod of gun was also found. Further cash worth of Rs. 1,03,070/ - was recovered. It is further alleged that several other articles of fire arms was recovered in Verandah in the eastern part. Further from a large size box kept on the Verandah towards eastern side, adjacent to the wall, 9 packets were recovered which were containing Ganja and its weight was about 180 K.G. A motorcycle and other articles were also recovered. Those articles were seized and seizure list prepared on which witnesses signed and a copy of seizure list was handed over to Pankaj Singh.

(3.) AFTER investigation, charge sheet submitted on which cognizance was taken, charge framed and case was committed to the Court of Sessions. Further the case of Pankaj was bifurcated and sent to Juvenile Justice Board, Bhagalpur as Pankaj was a juvenile on the date of alleged occurrence. After framing of the charge, eight witnesses were examined by the prosecution and taking into consideration the evidence adduced, the Trial Court convicted the appellant as mentioned above.