LAXMI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Laxmi Sharma who has been found guilty under Sec. 25(1)(A) of the Arms Act and directed to undergo R.I. for five years along with fine of Rs. 20,000.00 in default thereof, to suffer simple imprisonment of one year, additionally by the Additional Sessions Judge, FTC-IV, Lakhisarai vide judgment of conviction and order of sentence dated 25.05.2011 in Sessions Trial No.400 of 2007, has challenged the same by way of instant appeal.

(2.) Prosecution case in brief as is evident from self statement of PW.1, Ramanand Mandal, Officer-in-charge of Medanichowki P.S. recorded on 29-11-2006 at about 07:30 PM disclosing therein that on the same day at about 05:30 PM, he along with other police officials proceeded from P.S. in patrolling and during course thereof, they have reached at Medanichowki Bazar where they found activity of three boys suspicious who, seeing the police, ran away and during course thereof, one was apprehended who disclosed his identity as Subhash Kumar. On personal search having been made in presence of two seizures list witnesses Surendra Chaurasiya as well as Ravi Kumar. Two pistols were seized. On interrogation he stated that aforesaid firearms were handed over to Laxmi Sharma for repairing and, after getting therefrom, while was returning has been apprehended by the police. He had also been informed that Laxmi Sharma is indulged in manufacturing of illegal firearms which could be found from his shop and on account thereof, the police party along with Subhash proceeded towards house of Laxmi Sharma where, as alleged, the items were recovered in terms of seizure list in presence of two seizure list witnesses Dharamdeo Sharma as well as Julus Sharma. Accordingly, Laxmi Sharma was taken into custody. Articles were taken to P.S. along with Laxmi Sharma as well as Subhash.

(3.) On the basis of aforesaid fardbeyan Suryagarha (Medanichowki) P.S. Case No.311 of 2006 was registered and investigation was entrusted to PW.2, one of the member of the raiding party who recorded statement of the witnesses, got the seized articles examined by the Sergeant Major and after completing investigation, submitted charge sheet whereupon trial has been taken up ultimately meeting with the result, subject matter of instant appeal.