DEOLAGAN RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellant failed to appear on account thereof, Mr. Ranbir Singh, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Appellant, Deolagan Rajak has been found guilty for an offence punishable under Section 25(1-B)a of the Arms Act and sentenced to undergo RI for three years as well as to pay fine appertaining to Rs.5000/- in default thereof, to undergo S.I. for three months, additionally, under section 26(1) of the Arms Act and sentenced to undergo RI for six years as well as to pay fine appertaining to Rs.5000/- in default thereof to undergo SI for three months, additionally with a further direction to run the sentences concurrently vide judgment of conviction dated 21.02.2009 order of sentence dated 24.02.2009 passed by Additional District & Sessions Judge, FTC, IV, Gaya in Sessions Trial No.143 of 2007/901 of 2007.

(3.) Rakesh Raman, PW.15 recorded his self statement on 21.07.2006 at 06:45 hours at village-Tarowa at the house of appellant Deolgan Rajak disclosing therein that he happens to be Officer-in- charge of Gurua P.S. After getting confidential information that accused Deolagan Rajak has stored illegal arms and ammunition in huge quantity to facilitate the crime, a raiding party has been constituted (so named) and house of Deolagan Rajak has been raided in presence of seizure list witnesses namely Ramswaroop Singh (PW.12) and Baldeo Mahto (PW.11) and during course of search from a steel box, as well as from a Kothi lying nearby arms and ammunition, explosive substance (as detailed under seizure list) recovered and seized. On query accused, who was present, failed to disclose that he was a licensee for retaining the aforesaid items and that being so, accused was presented. A copy of seizure list was handed over to the accused.