MD HASAN IMAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above appeals have been preferred against the common judgment and order of conviction and hence they have been heard together and are being disposed of by this common judgment.

(2.) The appellants have been convicted by judgment dated 17.01.2017 passed by the learned 1st Additional Sessions Judge, Munger in Sessions Trial No. 906 of 2014, arising out of Kasim Bazar P.S. Case No. 30 of 2014, whereby they have been convicted under Sections 25(1)(a); 25(1-b)a and 26(ii) read with Section 35 of the Arms Act. By order of sentence dated 23.01.2017, the appellants have been directed to undergo rigorous imprisonment for 7 years, to pay a fine of Rs. 5,000/- and in default of payment of fine, to further suffer imprisonment for 6 months for the offence under Section 25(1)(a) of the Arms Act; rigorous imprisonment for 3 years, fine of Rs. 2,000/- and in default of payment of fine, to further suffer imprisonment for 3 months for the offence punishable under Section 25(1-b)a of the Arms Act; and rigorous imprisonment for 7 years, fine of Rs. 5,000/- and in default of payment of fine, to further suffer imprisonment for 6 months for the offence under Section 26(ii) read with Section 35 of the Arms Act; the sentences having been ordered to run concurrently.

(3.) Four accused persons including the appellants were put on trial for having violated various provisions of the Arms Act, but only the appellants were convicted and sentenced by the impugned judgment, whereas another coaccused, namely, Md. Azhar Sabri was acquitted of the charges.