ALAM KHAN AIIM KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the judgment of conviction recorded by 1st Additional Sessions Judge, Palamau vide his judgment dated 4th May, 1989 in Cr. Appeal No. 5/88 through which conviction and sentence of this petitioner to undergo R.I. for eight months under Section 25(a) of the Arms Act was confirmed and maintained.

(2.) The fact in short giving rise to this revision is that the informant Ram Naresh Singh a forest guard was on patrolling duty in Sindhorwa forest on 3-7 -1982 at about 9 a.m. and while he was doing patrolling work he met on the way one Ramakant Karan also an employee of the forest department and both of them proceeded towards Sindhorwa forest. It has been alleged that at about 9 a.m. they had seen some persons doing Hanka in the forest and had seen the petitioner Alam Khan sitting on a place erected for shooting and he was armed with a country made gun. So the informant apprehend him and snatched the gun but the petitioner managed to escape away. After that the seized gun was taken to Barwadih P.S. and a written report was submitted which was forwarded by the forester concerned and this case under Section 25(a) of the Arms Act was instituted as against the petitioner.

(3.) It is the defence version that the informant, forest guard was-annoyed with this petitioner for the reason that one Lakhan Bhuinya instituted a criminal case bearing G.R No. 110/82 as against the informant with an allegation that he kidnapped the wife of Lakhan and in that case the petitioner was a witness on behalf of Lakhan Bhuinya and for this annoyance a false case was instituted.