RAJAN MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the judgment and order dated 24.5.1999 passed in Cr. Appeal No. 92 of 1998 by the then IIIrd Additional Judicial Commissioner, Ranchi affirming the judgment of conviction and order of sentence dated 29.7.1998 passed by the Judicial Magistrate, 1st Class, Ranchi in G.R. No. 3156 of 1994, whereby and whereunder, the petitioners on being found guilty for the offence under Sections 25(1-B)/26 and 35 of Arms Act were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200/-.

(2.) The case of the prosecution is that while the police party was on patrolling duty, they saw three persons standing near Tikli Tola More with one Vespa Scooter and as soon as they saw the police coming towards them, they, started running away. All three persons on being chased were apprehended who disclosed their name as Rajan Munda Arjun Munda and Charku Pahan. On search being made, country-made pistols were recovered from Rajan Munda as also from Arjun Munda, whereas no incriminating article was recovered from the possession of Charku Pahan. Thereupon, Fulan Nath, Officer In-charge of Gonda Police Station (PW 2) lodged a case which was registered as Gonda (Bariatu) P.S. Case No. 134 of 1994 under Sections 25(l-B)/26(3)/27/35 of Arms Act.

(3.) On submission of the charge- sheet, when the petitioners were put on trial, they pleaded not guilty and claimed to be tried.