SADHU SHARAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since nobody has appeared on behalf of the appellants and this case appears to be of the year 2003, I deem it appropriate to appoint Mr. Avinash Kumar Singh as Amicus Curiae to assist the Court.

(2.) By way of present appeal, sole appellant seeks to challenge the Judgment of conviction and order of sentence dated 27.02.2003, passed by Shri Awadhesh Kishor Pd. Singh, Presiding Officer, Additional Court No. I, Nalanda, in Sessions Trial No. 282/91 69/2002, by which the sole appellant stood convicted under Sections 25(1)(a), 25 (1B)(a) and 26(2) of the Arms Act and was sentenced to undergo R.I. for 05 years under Section 25(1)(a) of the Arms Act, R.I. for 03 years under Section 25 (1B)(a) and R.I. for 05 years under Section 26(2) of the Arms Act. All the sentences were directed to run concurrently.

(3.) Prosecution case as per the self statement of A.S.I. Shivnandan Chourdhary recorded on 6.6.1989, in short is that in the night of 6.5.1989, he was patrolling along with Ram Pujan Thakur, A.S.I., Havindar Ram Ekwal Sharma and some constables and reached near Rajgir Kund at about 9.25 P.M., he got confidential information that unlicensed arms and ammunitions were kept inside Punjab Hotel, situated on Rajgir - Gaya Road, Rajgir, on the basis of the said information, he along with his companions went to the said hotel and searched the said hotel in presence of two independent witnesses, of that area namely, Durga Prasad and Birendra Prasad Gupta and the appellant being the proprietor of the said hotel was present there and in course of search, one small bag of racksin was found kept in side a big wooden box, the said box contained four live cartridges of .315 bore, five cartridges of 12 bores, one cartridge of revolver, one bullet cartridge, some other cartridges and a wrist watch, was recovered, on the basis of the said statement, F.I.R was registered against the appellant.