NAGA DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is against the Judgment and order dated 12.2.2004/14.2.2004 passed by the learned Special Judge- cum- Sessions judge, Aurangabad, in G.R.No.6/93 arising out of Rafiganj P.S.Case No.56 of 1993 dated 16.4.1993 whereby the appellant was found guilty for committing offence under sections 25(1-b) of Arms Act and sections 212,307 and 353 of the Indian Penal Code and was sentenced to undergo for the period which has already undergone.

(2.) Prosecution case, in brief, is that on 16.4.1993 while S.I.Pulkit Mishra was on police picket Berhna in connection with law and order he received information that appellant was hiding in the house of Jamuna Ravidas with his associates. He along with others reached there at 6 P.M. and wanted to know about the truth. From the house of Jamuna Ravidas the appellant came out armed with pistol and rashly rushed towards north. Chaukidar disclosed that the person was the appellant. The police chased the appellant then it was threatened by the appellant that if chase is made then the chasing party may be killed. Ultimately he was caught and on search a live cartridge of 12 bore was recovered from his lungi. A diary was also seized from his pocket. His pistol was also seized. The appellant was the Area Commander of the M.C.C. On the basis of the aforesaid statement Police registered Rafiganj P.S. Case No.56/93 dated 16.4.2003 for the offence under sections 212(A),216(A),307 and 353 of the I.P.C. and sections 25 (lb), 26 and 35 of the Arms Act and 3/4 of TADA Act.

(3.) The matter was investigated and chargesheet was submitted.