KAPILDEO BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant in this appeal has been convicted under Sec. 307 of the Indian Penal Code and has been sentenced to rigorous imprisonment for ten years. He has further been convicted under Sec. 27 of the Arms Act and sentenced to six years rigorous imprisonment. The prosecution case, according to the F.I.R. (Ext. 2) is that this appellant along with other accused persons boarded bus no. BRP 1693 on 13.1.1978. When informant Chandra Shanker Pandit, conductor of that bus, demanded bus fare, they pointed out pistol and got down from the bus and fired their pistols which hit the body of the bus. The passengers and the people of the neighbourhood chased the culprits. On chase this appellant along with other accused persons was arrested and it is said that this appellant was arrested with a pistol. Subsequently, a case was instituted and after investigation, charge sheet was submitted against this appellant as well as four other accused persons.

(2.) In course of trial five witnesses were examined on behalf of the prosecution. The appellant denied the allegation and pleaded innocence After considering the entire evidence the learned trying Court convicted the appellant, as stated above, but acquitted the other accused persons.

(3.) Learned counsel for the appellant has submitted that the bus conductor or the driver has not been examined in this case. P.W. 3 is alleged to have arrested the appellant with pistol but did not identify this appellant as having been arrested by him. The doctor has also not been examined. Therefore, according to him, the conviction under Sec. 307 should not be upheld. He further submitted that sanction was not obtained before prosecution of this appellant under Sec. 27 of the Arms Act. Therefore, his conviction under this count also cannot be sustained in the eye of law.