PABITAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner stands convicted and sentenced to undergo rigorous imprisonment for a period of three years under Section 26 of the Arms Act and for a period of one year under Section 25 of that Act with a direction that the sentences would run concurrently.

(2.) The petitioner Pabitar Singh and one Ramasray Singh were in joint occupation of quarter No. 490A of the Loco colony at Gaya, On receipt of a confidential information that some stolen properties of a dacoity committed within the jurisdiction of Bisrampur Police Station were lying concealed in that quarters, Shanker Upadhya Officer-in-charge of Gaya Kotwali Police Station raided the quarter at 5-30 A.M. on 5-11-1962 in presence of Vijai Kumar Dubey (P.W. 1) and Devnandan Ram (P.W. 5). The quarter was locked from outside. A name plate bearing the name of Ramasrey Singh was hanging on the wall of the outer verandah and consequently Ramasray Singh, who was reported to be on duty at that time, was sent for. Ramasray Singh opened the outer lock of the quarter. A search was conducted by Ramshanker Upadhya (P.W. 14), Another Sub-Inspector Ramswarath Singh was also present then. Pabitar Singh was found concealed in a kitchen room which was bolted from inside. It was got opened and on a search a country-made gun was found lying in between two bricks. A tin containing flour in a bag covered with a brass thali was placed thereon, On a search of the bed room of the quarter two live 12 bore catridges were found kept wrapped in a small cloth behind a framed picture of Lord Shiva which was hanging from a wall and resting on three iron nails fitted in the wall. These articles were seized. Fardbeyan was drawn up and ultimately after obtaining sanction of the District Magistrate both Pabitar Singh and Ramasray Singh were put on trial for offences under Sections 25 and 26 of the Arms Act, 1959. The defence was that the accused persons did not commit any offence. Pabitar Singh's defence was that he was ill on the relevant date. He was not arrested inside the kitchen room. While returning from latrine he was caught in the Angan and arrested.

(3.) The trial Court found both the accused persons guilty of the offences under Sections 25 and 26 of the Arms Act, 1959 and convicted and sentenced them. On appeal, however, Ramasrey Singh was acquitted and the conviction and sentences of this petitioner were confirmed. Hence this revision application has been filed.