DINESH YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE appeal called out but none appeared on behalf of the appellant. However, the State has assisted and on perusal of the record and assistance rendered by the State, the appeal is being disposed of.

(2.) THE appellant has been convicted for the offence under Section 25(1 -B)(a) of the Arms Act and sentenced to undergo rigorous imprisonment for three years and six months and to pay a fine of Rs. 3,000/ - and in default of payment of fine to undergo imprisonment for three months. He has further been convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ - and in default of payment of fine to undergo imprisonment for one month for the offence under Section 26 of the Arms Act.

(3.) DURING trial seven witnesses were examined by the prosecution. P.W. 1 Bilash Yadav is the seizure list witness and he has stated that he does not know about the occurrence and the Officer -in -Chare of the police station got his thumb impression on the plain paper. Neither the police seized any articles nor was any seizure list prepared, hence, he has not supported the seizure. P.W. 2 Laro Yadav has also not supported the prosecution case and has stated that he saw police taking the appellant from the village. P.W. 3 Lalo Yadav has been tendered and he has stated in cross -examination that on the date of occurrence police caught the appellant from his house and has stated that after catching hold, the Officer -In -Charge fired at his leg. P.W. 4 Ajeet Prasad Singh, Assistant Sub -Inspector, the member of the raiding party and has stated that on 13.04.2007 at the time of raid in village Bajna they got information that some criminals sitting on State Boring were planning and then the Officer -in -Charge along with the SAIP Jawans raided and then the accused persons fired and in retaliation to self defence the police also fired causing injury to one of the accused on his leg. The appellant was apprehended but others managed to flee away and on his search a double barrel gun and one live cartridge of .315 and one fired cartridge of .315 were recovered and from the fetta of lungi three cartridges of .315 were recovered.