ISRAIL ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the same judgment and order of conviction and sentence and as such they have been heard together and are being disposed of by this judgment.

(2.) Appellants in both the appeals have been convicted for the offence under Sections 399 and 402 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment fur live years and four years respectively. They have further been convicted for the offence under Section 412 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for four years. Appellants No. 1 to 3 in Cr. Appeal No. 205 of 1989 have further been convicted for the offence under Sections 25-A and 26 of the Arms Act and they have been sentenced to undergo rigorous imprisonment for two years and three years respectively under each count. Appellant No. 4 has further been convicted for the offence under Section 35 of the Arms Act but no separate sentence has been awarded under the aforesaid Sections. Appellant in Cr. Appeal No. 230 of 1989 has further been convicted for the offence under Sections 25-A and 26 of the Arms Act and has been sentenced to undergo rigorous imprisonment for two years and one year respectively under each count. The sentence were ordered to run concurrently.

(3.) The prosecution case in brief is that the occurrence is alleged to have taken place on 13.10.1980. On information of one Bal Roop Sharnta, Shakti Roadways Bus was surrounded by the raiding party and on search country-made pistol, gun and cartridges were recovered from the possession of the appellants. On recovery seizure-list was prepared and on the statement of P.W. 12 First Information Report was lodged. He himself investigated the cases and submitted charge-sheet. On receipt of the charge-sheet cognizance was taken and the case was committed to the Court of Sessions for trial.