KABINDRA KOHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) As, on repeated call there happens to be absence of learned counsel for the appellant on account thereof, Mr. Baban Roy has been requested to assist the court as an Amicus Curiae which he concedes.

(2.) Appellant, Kabindra Kohar has been found guilty for an offence punishable under Section 25(1-B) A of the Arms Act and sentenced to undergo R.I. for two years as well as to pay fine appertaining to rupees one thousand and in default thereof, to undergo S.I. for one month additionally, under Section 26 of the Arms Act to undergo R.I. for a year as to pay fine appertaining to Rs.500/- and in default thereof, to undergo S.I. for 15 days with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial be set off as provided under Section 428 of the Cr.P.C. vide judgment of conviction and sentence dated 105.2015 passed by Addl. District & Sessions Judge, IVth, Kaimur at Bhabhua in Sessions Trial No.158/2014.

(3.) Pw.1, Deo Kant Sinha, Officer-in-charge of Mohania P.S. recorded his self-statement of 17.02.2014 at about 06:00 PM disclosing therein that on the same day at about 05:50 SDPO has received confidential information with regard to assemblage of antisocial elements in Scorpio vehicle having duly armed in order to commit an offence whereupon, raiding party was constituted (so named) and then they proceeded towards the destination. Seeing police jeep, the driver of the Scorpio vehicle tried to speed away the vehicle but was intercepted. All the occupants got down and ran therefrom, managed to escape save and except one, who on interrogation disclosed his identity as Kabindra Kohar. In presence of two seizure list witnesses, namely, Radhey Shayam Prasad and Deepak Kumar he was searched out and during course thereof, one loaded pistol three life cartridges one mobile was seized from his possession. Then thereafter, vehicle was seized and therefrom, one mobile was recovered. After preparing search-cum-seizure list, recording of fardbeyan they returned back to the Police Station along with the accused.