PAPPU PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the judgment and order dated 30.6.2016 passed by Additional District and Sessions Judge-VI, Bhagalpur in Cr.Appeal No. 125 of 2014, whereby and whereunder learned Additional District and Sessions Judge has confirmed the judgment and order dated 2.12.2014 passed by Sri Sanjeev Kumar Pandey, Judicial Magistrate, 1st Class, Bhagalpur in G.R.No. 2944 of 2011, Trial No. 130 of 2014, arising out of Kahalgaon P.S.Case No. 402 of 2011 convicting the petitioner under Sections 25(1-B)(a) and 26(1) read with section 35 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 5000/- separately for the offences under Sections 25(1-B) (a) and 26(1) of the Arms Act each and in case of default in payment of fine he shall undergo rigorous imprisonment for further six months.

(2.) Prosecution case relates to recovery of loaded country made revolver for which a case has been lodged and it appears that witnesses were examined before the learned trial court and after conclusion of trial the learned trial court has convicted the petitioner under Sections 25( 1-B)(a) and 26(1) read with section 35 of the Arms Act and sentenced to undergo rigorous imprisonment for three years, including a fine of Rs. 5000/- separately for the offences under Sections 25(1-B)(a) and 26(1) of Arms Act each and in case of default in payment of fine he has to undergo rigorous imprisonment for a further period of six months.

(3.) Learned counsel for the petitioner could not show any illegality and inconsistency in the impugned judgments except showing that seizure list witnesses have been declared hostile and they have not supported the prosecution case.