AZIM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant application has been preferred by the petitioners assailing the judgment dtd. 12/6/2004/12/8/2004 passed by the Addl. Judicial Commissioner, Fast Track Court, Ranchi in Criminal Appeal No. 15 of 2002 corresponding to T.R. No. 06 of 2003, whereby the appeal of the petitioners were dismissed and judgment of conviction and order of sentence, both dtd. 8/2/2002, passed by the learned Judicial Magistrate, Ist Class, Ranchi in G.R. No. 2840 of 1996 has been confirmed whereby the petitioners were convicted under Sec. 25 (1-B) (a) and 26 of the Arms Act and they were sentenced to undergo rigorous imprisonment for a period of two years six months and a fine of Rs.1,000.00 and in default two months simple imprisonment under Sec. 25 (1-B) (a) and further same sentence was given under Sec. 26 of the Arms Act also. Both the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that the informant was on round to maintain law and order duty along with his A.S.I. and a constable and while going towards market when they reached near the house of Durga Prasad, they saw two persons coming from front, who after seeing the informant and his associates, tried to flee away. They were chased and one was caught while fleeing away. The other threw away a six round loaded pistol there. The person caught was Shamim Ansari and from his possession one dagger and three cartridges were recovered which were seized.