NAND KISHORE DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants have preferred this appeal against the judgment and order dated 4th April, 2003 passed by the Additional Court No. 1, Nalanda in Sessions Trial No. 108 of 1991/73 of 2002 whereby the appellants have been convicted under Section 25(1-B) and 26(1) of the Arms Act and sentenced them to undergo rigorous imprisonment for three years under Section 25(1-B) and further three years for offence under Section 26(1) of the arms Act. However, both the sentences have been ordered to run concurrently.

(2.) The prosecution case in brief, as disclosed in the written report of the informant, Ram Beyas Singh (PW-2) dated 16.9.1990 addressed to the Chief Judicial Magistrate, Biharsharif, Nalanda, is that on 16.9.1990 he got confidential information about stolen Aluminum wire of Harnaut P.S. Case No. 82/90 was kept concealed in the house of appellant Nand Kishore Das in village-Babhan Bigha Sabnahua. It is said that on receipt of alleged information, the informant along with Police personnel proceeded to the village of the appellants and searched the house of the appellant Nand Kishore Das on 16.09.1990 at about 6 a.m. in presence of two independent witnesses, namely, Ramautar Tanti (P.W.1) and Ram Ji Pandit (not examined). Two persons were found sitting on a Chowki kept in the Verandah. The informant Ram Beyas Singh (P.W.2) is said to have asked them to stand up and when they are alleged to have stood up, it was found that some articles were kept conceal beneath the bedding. According to the informant (P.W.2), one country-made pistol, one country- made Pipe-Gun and two cartridges of 12 bore were found kept beneath the said bedding, which were seized by the informant in presence of the said two seizure witnesses. No license were produced by the appellants in regard to the possession of the same and upon which both of them were taken in custody. Seizure list is said to have been prepared with respect to alleged seizure and over which seizure witnesses, namely Ramautar Tanti (P.W.1) and Ram Ji Pandit (not examined) are said to have put their signatures in toke of being witnesses of alleged seizure witness.

(3.) On the basis of written report Harnaut P.S. Case No. 145 of 1990 was registered and after investigation charge sheet was submitted. After cognizance the case was committed to the court of sessions and on the appellants pleaded not guilty, they were put on trial.