UMESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant Revision application is directed against the judgment dtd. 22/2/2003 passed by learned 6th Additional District and Session Judge, Palamau in Criminal Appeal No.148 of 1999, whereby the learned appellate court has dismissed the appeal and confirmed the judgment of conviction dtd. 30/11/1999 with modification in sentence passed by Judicial Magistrate, 1st Class, Palamau Daltonganj whereby the Petitioner was found guilty and convicted under Sec. 25(1-B)a/35 of Arms Act and was sentenced to undergo R.I. for 3 years in G.R. Case 1333/1998.

(3.) The prosecution case in short is that on 13/11/1998 at about 8:30 pm the informant Sachindra Kumar Jha, Officer In-charge, Chhatarpur Police Station made his self-recorded statement alleging therein that at about 8:00 p.m he got confidential information that in village Kawal some persons have assembled and making preparation to commit dacoity. It is further alleged that during search one fire arm was recovered from the possession of Jagan Mushar and from another accused, Fokan Mushar a chura and one live cartridge was recovered. It is further alleged that nothing was recovered from the possession of Kunwar Mushar, Kamlesh Baitha and Umesh Singh, but it is alleged that they were associates of accused persons from whom arms were recovered and they were planning for dacoity. Further, articles were seized by the police and accordingly seizure list was prepared in presence of witnesses namely Mandip Paswan and Chandradip Paswan.