ARJUN SINGH MUNDA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated 12.8.2008, passed in Cr. Appeal No. 29 of 2008 by the Additional Judicial Commissioner-I, Khunti, whereby the judgment of conviction and order of sentence, recorded by the Sub Divisional Judicial Magistrate, Khunti against the Petitioner was affirmed and the appeal was dismissed.

(2.) Petitioner was held guilty by the Sub Divisional Judicial Magistrate, Khunti for the charge under Sections 25(1-b) a/26/35 of the Arms Act and sentenced to undergo rigorous imprisonment for the maximum period of 2 1/2 years and fine of Rs. 2000/- with default stipulation on each count. However, sentence awarded to the Petitioner was modified in appeal and the Petitioner was instead, sentenced to undergo rigorous imprisonment only for 1 1/2 years for his conviction on each count and fine amount imposed by the Trial Court was set aside.

(3.) Prosecution story in short was that on 31.12.2003, pursuant to the confidential information received that some extremists had assembled in the house of the Petitioner Arjun Singh Munda at his village Harwagarh with arms and ammunitions, the officer-in-charge of Tamar Police Station after making necessary entry in the Station Diary vide No. 497 of 2003 conveyed the massage to the senior police officials and proceeded for verification of the information with the team of the police party. At the same -time, under instruction, the police party of different police stations also co-ordinated and proceeded towards the Village Harwagarh to find out the veracity of information. All entered into the village Harwagarh at about 4:00 p.m. by leaving their vehicles in the village Parsi Bazar Tand and surrounded the house of the Petitioner Arjun Singh Munda where they found a man coming out from his house who tried to escape at the sight of the police party, but he was chased and caught hold. On interrogation, the person disclosed his name as Arjun Singh Munda who is the Petitioner herein. His house was searched in presence of the witnesses and from his bedroom, one regular double barrel gun of 12 bore with its number 52902/10F was recovered, which was kept concealed under the heap of straw. Two live cartridges of 12 bore was found loaded in the gun. Besides, one windolia and six military caps were also recovered, to which seizure list was prepared for all the seized articles. On interrogation, Petitioner Arjun. Singh Munda admitted his guilt before the informant police officer that Jeevan Singh Munda, Kundan Pahan, Krishna Ahir, Santoshi Kumari, Manju Kumari and Deji Kumari along with 10-12 members of extremists organization had visited his house two months before and they had delivered the gun with cartridge which were allegedly recovered and other articles for its safe custody with the instruction that they would take back these items in future. No authority could be produced with respect to the possession of the fire arm and ammunitions by the Petitioner.