LILANAND SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellants.

(2.) Both the appellants, above named, stood convicted under Ss. 25 (1)(A) and 26(2) of the Arms Act by judgment dtd. 13/2/2004 passed by the learned Additional Sessions Judge, F.T.C. IV, Saharsa in S.Tr. No. 4/88, arising out of Saharsa P.S. Case No. 0071/87 and were sentenced to undergo R.I. for three years and R.I. for five years respectively. Both the sentences were directed to run concurrently.

(3.) The prosecution case is based on the self-statement of K.N. Mishra, the then Officer In-charge of Saharsa Police Station, who has been examined as P.W. 7. He stated in his self-statement that on 23/2/1987 at 9:30 A.M., he received an information that the appellants were making pistols and they used to sell pistols after making the same. Thereafter, a team was constituted under the direction of the informant along with A.S.I. R.P. Mallik, Sub-Inspector T.N. Pandey, A.S.I. Udit Paswan, A.S.I. J. K. Singh and Constable Ramotar Yadav, Rishikesh Pandey, Ashrat Jahan Khan, Arjun Singh and two independent witnesses, namely, Ram Prasad Yadav and Dashrath Rajak and they proceeded from the Police Station and at 10:00 A.M. reached the house of accused appellant Vinod Sharma and saw the accused persons making pistols in the middle room of eastern house and thereafter, a search of the said room was made and three barrels of semi-finished country made pistols along with trigger guard, chamber and one half country made pistol and other articles used in manufacturing of country made pistols were recovered and accordingly a seizure-list was prepared and accused persons were arrested and they confessed their guilt and disclosed that about one and half years ago, cousin brother of the accused, namely, Shivnarain Mistri came and got them skilled for making pistols and since then they used to sell the same at the rate of Rs.700.00 to 800/-. They further confessed that they used to keep the same in the house of Kirandeo Sah and at present 5 country made pistols and seven round of rifle cartridges were also kept there and they also sold the arms to Bikash Roy, Anil Sah, Md. Jasim and Laxman Sah of Naya Bazar, Saharsa and Subodh Sah of Village Sarahi.