MESHO CHOUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No. 560 of 2015 wherein Rekha Devi is the appellant and Criminal Appeal (SJ) No.638 of 2015 wherein Mesho Choudhary is the appellant been heard analogously as, originate from common judgment of conviction and sentence dated 20.08.2015 as well as 22.08.2015 respectively, passed by Additional Sessions Judge, Vth, Munger in Sessions Trial No.990 of 2013 whereby and whereunder both the appellants have been found guilty for an offence punishable under Section 25(1- A) of the Arms Act and each one has been sentenced to undergo R.I. for five years as well as to pay fine appertaining to rupees five thousand, under Section 25 (1-AA) of the Arms Act wherein each one has been sentenced to undergo R.I for ten years as well as fined of rupees ten thousand, under Section 25 (1-B) of the Arms Act and sentenced to undergo R.I. for three years, fined of rupees five thousand, under Section 26(1) of the Arms Act and sentenced to undergo R.I. for five years as well as to pay fine appertaining to rupees five thousand, under Section 26(2) of the Arms Act and sentenced to undergo R.I. for ten years, fined of rupees ten thousand and in default of payment of fine (consolidated) to undergo S.I. for seven months additionally, with a direction to run the sentences concurrently with a further direction of set off with regard to the period as already undergone during course of trial.

(2.) PW.3, Avinash Chand, S.I. recorded his self statement on 25.09.2013 disclosing therein that after getting confidential information with regard to running of illegal arms factory by Mesho Choudhary, a raiding party was constituted and then, conducted raid at the house of Mesho Choudhary lying at village-Garhi Rampur. Considering activity of the accused, none of the villagers came forward to stand as a seizure list witness and that being so, the members of the raiding party namely lady constable no.225, Bina Kumari (PW.1), ASI Balmukund Sah (PW.6), ASI Akhilesh Kumar (PW.5) were nominated as seizure list witnesses and then thereafter, they gone inside the house of Mesho Choudhary. As soon as they entered, one person escaped by scaling the wall, while a lady was found standing having small Jhola in her hand which she had concealed beneath her Sari. Furthermore, they have seen a ditch excavated and filled up recently whereupon, they became suspicious and after digging the court yard they have found the items which he had incorporated in the seizure list (detailed) and for that, Balmukund Sah as well as Akhilesh Kumar stood as seizure list witnesses. Furthermore, with the help of lady constable no.225, Bina Kumari, lady was searched out and from the Jhola, a regular pistol along with three live cartridges were recovered and for that, Veena Devi as well as Balmukund singh stood as seizure list witnesses. The lady was interrogated who disclosed her identity as Rekha Devi and further disclosed that the person who escaped therefrom happens to be her husband Mesho Choudhary. After preparing arrest memo, she was taken into custody and brought to P.S. along with seized articles.

(3.) After registration of the case as Naya Ram Nagar P.S. Case No.184/2013, investigation was entrusted to Lalan Paswan who during course of investigation got the seized article examined by the ballistic expert, obtained sanction order, examined the witnesses, followed with submission of charge sheet facilitating the trial which concluded in a manner, subject matter of instant appeal.