BUTANI DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision is directed against the judgment and order passed by the 7th Additional Sessions Judge, Rohtas at Sasaram in Cr. Appeal No. 193/45 of 1981/82 confirming the judgment of conviction passed by Sri P. K. Siaha, Judicial Magistrate, 1st Class Sasaram in G. R. Case No. 2026/80 940/81 convicting the accused petition under Section 25 of the Arms Act and sentencing him to undergo R/I for one year.

(2.) The facts of the case relevant for disposal of this application, shortly stated, are that on 1 -9 -1930 during the course of investigation of a case in respect of loot of Rs. 22,500/ - of Education Department it was confidentially learnt that the clothes and the arms of the accused concerned of that case have been kept concealed in the house of this accused petitioner. Consequently, P.W. 8 Abhayanand along with P. W. 3 Brij Nandan Rai, S. I. and P. W. 9 Ajit Kumar Jha, Officer I/C of Sasaram Police Station organised a raiding party to search the house of accused petitioner and on the same day at 3 P. M. the house of accused -petitioner was searched in resence of P. W. 4 Yadunandan Singh and P. W. 5 Ram Pyare Singh and one country made gun, one country made pistol, a small gun like pistol 4 rifle bullets, 4 live cartridges and one empty Rifle bullet were recovered from the south -west corner of the east facing house of the accused petitioner situated at village Barki Pharparwa P. S. and District Sasaram. Those articles were seized in presence of those two witnesses and a seizure list was prepared. A written report (Ext. -1) was submitted reading the same at the Sasaram Police Station on the basis of which Exhibit -2, a formal first information report was recorded.

(3.) After usual investigation the Police submitted charge -sheet against this accused -petitioner and two more accused -persons who were acquitted by the trial Court.