PRAMOD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Thakur, learned counsel along with Ms. Swati Sinha, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.

(2.) The petitioner has moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') being aggrieved by the judgment and order dated 08.11.2017 passed by the District and Sessions Judge, Begusarai in Cr. Appeal No. 89 of 2017 by which the judgment and order of conviction and sentence dated 22.09.2017 passed by the Chief Judicial Magistrate, Begusarai in G.R. No. 1950 of 2016 arising out of Bachhwara P.S. Case No. 93 of 2016 has been upheld.

(3.) The petitioner along with co-accused Ramchandra Mahton faced trial in G.R. No. 1950 of 2016 arising out of Bachhwara P.S. case No. 93 of 2016 (Tr. No. 799 of 2017) and, upon trial, was convicted under Sections 25 (1-B)a/ 35 as well as 26/35 of the Arms Act, 1959 and sentenced to undergo rigorous imprisonment of three years and fine of Rs. 5000/- for offence under Sections 25 (1-B)a/35 of the Arms Act and further rigorous imprisonment of three years and fine of Rs. 5000/- for offence under Sections 26/35 of the Arms Act. Criminal Appeal No. 89 of 2017 against the same was also dismissed by judgment and order dated 08.11.2017.