UPENDRA BISHWARKAMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 31/7/2006 and order of sentence dtd. 1/8/2006 passed in Session Trial No.231/1997, G.R. Case No. 2919 of 1996 arising out of Topchanchi P.S. Case No.133 of 1996 by the Court of Learned Additional Sessions Judge, F.T.C.-III, Dhanbad, Jharkhand whereby and where under the appellant has been convicted under Sec. 25(1) and 26/27 of Arms Act and have been sentenced to undergo R.I. for seven years and fine of Rs.5000.00 and in default one-year S.I. under Sec. 25(1) of the Arms Act and R.I. for seven years and fine of Rs.5000.00 and in default one-year S.I. under Sec. 26 of the Arms Act and R.I. for seven years and fine of Rs.5000.00 and in default of one-year S.I. under Sec. 27 of the Arms Act. All the sentences were directed to be run concurrently.

(2.) The prosecution case, in short, is that on 25/9/1996 one Sri Padma Nath Upadhyay, S.I. of Topchanchi police station lodged information to the o/C.Topchanchi P.S. that on that day at 9.30 A.M. secret information was received that Upendra Biswakarma sells country made pistol after making it to criminals. It was also informed that half made country made pistol parts and machine may be recovered from his house. The said information was recorded in Sanha No. 604 dtd. 25/9/96 at Topchanchi P.S. and thereafter he alongwith other police force went to the village Kheshmi and surrounded the house of accused Upendra Biswakarma which is made of bricks and country made Tali from all sides and in the presence of two independent villagers searched the house of said Upendra Biswakarma and found two iron buts of country made pistol length 12", two iron buts of country made pistol length 14 1/2 ", old barrel of country made pistol length 12", two new barrels of country made pistol 17 1/2 ", two firing pins of country made pistol with hammer two triggers of country made pistol, three springs of country made pistol, locking pin of country made pistol and one grinder machine, for which the accused Upendra Biswakarma did not produce any papers regarding its possession. It is further alleged that one Jai Kumar Mishra paid him Rs.100.00 and told to give him a country made pistol who was demanding the same for last two or three days.

(3.) On the basis of said information Topchanchi P.S. Case No. 133/96 U/S 25(I) (?A)/26/35 Arms Act was registered and a formal F.I.R. was drawn up against the accused persons and investigation started. Thereafter police submitted charge sheet under the aforesaid Sec. against the accused persons on the basis of which cognizance was taken and subsequently case was committed to the court of Sessions for trial and disposal. Learned 1st Assistant Sessions Judge at Dhanbad had framed charge on 1/5/1998 against this appellant under Sec. 25(1), 26 and 27 of Arms Act. After framing the charge, the statement of witnesses was recorded and subsequently after closing the prosecution evidence, statement of the accused persons under Sec. 313 of Cr.P.C. was recoded in which accused pleaded not guilty.