MD. SOHAIL @ SONI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision application has been filed on behalf of the petitioner challenging the judgment dtd. 3/3/2016 in Criminal Appeal No.212 of 2015 by the learned Sessions Judge, Dhanbad, by which the appeal has been dismissed thereby affirming the judgment of conviction and order of sentence dtd. 30/11/2015, passed by Shri M.D. Umar,, J.M., 1st Class, Dhanbad in connection with Katras (Tetulmari) P.S. Case No. 155 of 2010, corresponding to G.R. No. 1776/2010, by which the petitioner had been convicted for the offence under Sec. 25 (1-b) a and 26 of the Arms Act and had been sentenced to undergo R.I. for two years for the offence under Sec. 25 (1-b)a of the Arms Act and R.I. for a period of two years for the offence under Sec. 26 of the Arms Act and to pay a fine of Rs. 2,000.00 for the aforesaid offence and in default of payment of fine the petitioner was further directed to undergo S.I. for a period of nine months.

(2.) The prosecution case was instituted on the basis of self- statement of S.I. Rajesh Kumar of Katras (Tetulmari) Police Station alleging therein that on 17/5/2010, at about 7.00 p.m. Tetulmari Police was checking on vehicles from Tetulmari Police Station and at about 7.30 p.m. a motorcycle was coming from Rajganj, on which two persons were travelling and on seeing the police party, they started fleeing away, however, they dashed a cyclist due to which both the cyclist and the riders fell on the ground. The pillion rider managed to escape from there, however, the person who was driving the motorcycle was apprehended and on search a country made loaded pistol was recovered from his possession. He stated the name of the co-accused as Rahul Singh @ Vicky who had fled from the place of occurrence.

(3.) Heard Mr. Mr. Sanjay Prasad, learned counsel for the petitioner and Mr. Mr. Santosh Kr. Shukla, learned A.P.P.