YOGENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners, Yogendra Singh alias Radhey Shyam Singh and Sudama Singh, were appellants in Cr. Appeal Nos. 45 of 2005 and 33 of 2005 respectively before the Sessions Judge, Gumla and the said appeals were filed against the judgment and conviction passed against them by the learned Judicial Magistrate, 1 st class, Gumla under Sections 25(1B) (a) and 26 of the Arms Act. The trial Court on finding the petitioners guilty, sentenced each one of them to undergo rigorous imprisonment for two years under Section 25(1-B) a and rigorous imprisonment for one year under Section 26 of the Arms Act.

(2.) The allegation against them is that at 6 p.m. on 28-2-2002 when PW-4, the Investigating Officer, was at Turbul market found the petitioners coming in a motorcycle and on seeing the police party tried to escape from the police but were overpowered and caught. When the police officer, PW-4, searched the person of these two petitioners, he found 12 Bore cartridge in the pocket of Sudama Singh and a pistol in the waist of Yogendra Singh. A seizure list of the recovered materials attested by PWs-1 and 2 in presence of PWs-3 and 5, the members of the Armed forces, was prepared. After the investigation, final report was filed.

(3.) The learned counsel appearing for the petitioners submit s that when the material objects which were sent to the Court, they were sent as if they were recovered in P.S. Case No. 4 of 2002 of Kamdara police station and, therefore, these material objects could not have been seized in connection with PS Case No. 5 of 2002 of the said police station.