SATYENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the State.

(2.) This revision application has been filed against the judgment dated 10-8-2009 passed in Cr. Appeal No. 20 of 2008' by the Sessions Judge, Kalmur at Bhabua, by which he has dismissed the appeal confirming the judgment and order of sentence passed by the Judicial Magistrate, 1st Class, Bhabua, on 17- 6-2008 in G.R. No. 715/1998. Tr. No. 342/ 2008, in which learned Magistrate has convicted all the petitioners and sentenced them to undergo R.I. for one year and to pay a fine of Rs. 1000/- each and in default thereof to further undergo R.I. for two months.

(3.) Prosecution case in brief is that the informant of this case who was in usual vehicle checking, intercepted a Jeep bearing No. BR-IP-5425 in which accused Kamla Kant Mandal, Satyendra Kumar, Vimleshwar Rai, Dharmnath Yadav, Amar Nath Ojha and Ashok Kumar alias Sadhu were the occupants. Accused Satyendra Kumar was found in possession of one D.B.B.L. gun with 8 live cartridges of 12 bore; One D.B.B.L. gun with 8 life cartridges of 12 bore was recovered from the possession of accused Vimleshwar Rai; one D.B.B.L. gun with 8 live cartridges of 12 bore was found in possession of accused Dharmnath Yadav; one 315 bore rifle and 11 live cartridges of 315 bore was recovered from the possession of accused Amar Nath Ojha and 13 live cartridges of 12 bore were recovered from the possession of accused Ashok Kumar alias Sadhu. The seizure list of all the arms and ammunitions was prepared. They were asked to furnish papers regarding their arms and ammunitions but they could not produce the same. All the arms and ammunitions were seized and a case was lodged in which charge-sheet was also submitted and after trial all the appellants have been convicted for the offence under Section 25 (1-B) a of the Arms Act.