(1.) Heard the learned counsel for the appellant as well as the State.
(2.) The appellant Sharda Devi has been convicted under Section 25(1-B) of the Arms Act by the judgment and order dated 17.01.2009 passed by the learned Additional Sessions Judge, Fast Track Court IV, Motihari in S. Tr. No. 371 of 1994/256 of 2006, arising out of Keshariya P.S. Case No. 30/1991 and has been sentenced to undergo R.I. for one year.
(3.) Learned counsel for the appellant has submitted that in the written report it is alleged that firearm was handed over by the villagers to the police. There was no recovery of any firearm from the physical possession of the appellant by any police officer. The seizurelist had been prepared in which it had been mentioned that the firearm was produced before the police in the orchard situated towards South of the house of Siyasaran Bhagat.