YAHIYA ALIAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under sec. 25(1)(a) of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years.

(2.) THE prosecution case in brief is that this case was started on the written report of A.S.I. Sakaldeo Yadav who reported to the Kotwali police station that while he was on patrolling duty and was checking motor cycle at about 12.30 on 2.6.91 he found one person going towards station in a suspicious circumstance. The man was called on which he started to flee towards station. He was chased and was caught. While he was being caught he fired pistol on the A.S.I, which did not hit him. On search a country made pistol and live cartridges were recovered from the possession of the accused. A search list was made and the accused was forwarded to the police station. A sanction was obtained and thereafter charge sheet was submitted in this case. The learned Chief Judicial Magistrate took cognizance of the case and the case was committed to the court of session.

(3.) THE prosecution in order to prove its case has examined five witnesses. P.W. 1 is Ashok Kumar Singh. P.W. 2 is Biresh Prasad Yadav. P.W. 3 is Faruque Ansari, P.W. 4 is Sukhdeo Yadav, the informant. P.W. 5 is Ramji Prasad.