NASRULLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Md. Nasrullah @ Naushad @ Nanhu @ Md. Naushad has been found guilty for an offence punishable under Section 25(1-A) of the Arms Act and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.500/- in default thereof to undergo S.I. for one month, additionally, under Section 25(1-AA) of the Arms Act and sentenced to undergo imprisonment for seven years as well as to pay fine appertaining to Rs.500/-in default thereof to undergo S.I. for one month additionally, under Section 25(1-B) of the Arms Act and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.500/- in default thereof to undergo S.I. for one month additionally under Section 26(1) of the Arms Act and sentenced to undergo S.I. for six months, under Section 26(2) of the Arms Act and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.500/-in default thereof to undergo S.I. for one month, additionally, with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 of the Cr.P.C., vide judgment of conviction dated 12.07.2017 and order of sentence dated 17.07.2017 passed by Additional Sessions Judge,IInd Munger in Sessions Trial No.163/2016 arising out of Muffasil P.S. Case No.28/2014.

(2.) Anil Kumar Singh (PW.6) recorded his self statement at the house of appellant lying at village-Buxim on 06.02.2014 disclosing therein that so many villagers that of Bardah, Mubarakchak, Banaudha, Chakasim, Suturkhana, Sujabalpur and others been actively involved in manufacturing illegal arms, supply of illegal arms to the outfit organization, antisocial elements causing law and order problem on account thereof, happen to be on vigil. In the aforesaid background, after having been informed confidentially by a spy regarding storage of illegal arms and ammunition in huge quantity, by Md. Naushad in order to supply to the antisocial elements the superior police officials were informed and as per instruction, a raiding party was constituted. The raiding party arrived at the house of the Naushad (Appellant). At that very moment, two persons who came out from the out succeed in their disappearance over motorcycle. Having bustle over arrival of police personnel, one person came out from the house who, tried to slip and during course thereof, was apprehended. On query, he disclosed himself to be Naushad the appellant. Then thereafter, the persons having assembled there were requested to become seizure list witness but, none of them came forward on account thereof, some of the members of the raiding party have been identified as seizure list witness and in whose presence, the house was searched and during course thereof, the articles so enumerated in the seizure list have been seized for that, seizure list have been prepared, a copy thereof has been served upon the appellant who also put his signature.

(3.) As is evident, after registration of Mufassil P.S. Case No.28/2014 investigation commenced and by concluding the same, charge sheet has been submitted followed with trial, meeting with ultimate result, subject matter of instant appeal.