STATE OF BIHAR Vs. HARI LAL

JUDGEMENT

(1.) IN these three appeals, the Appellants have challenged the Judgment dated, 23.03.2007 passed by the Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 691 of 1997 whereby two of the Appellants namely Yogendra Kumar Ojha and Anil Kumar Ojha alias Raju Ojha have been convicted for offences u/s. 25(1) A of the Arms Act and sentenced to imprisonment for eight years and line of Rs. 20,000.00 each for the said offence, while the Appellant Jitendra Bohra was convicted for the offence u/s. 25(1) A read with Sec. 35 of the Arms Act and was also sentenced to undergo rigorous imprisonment for eight years and fine of Rs. 20,000.00 (rupees twenty thousand).

(2.) THE Appellants along with one co -convict Surendra Singh @ Surendra Singh Bangali were charged with and put on trial for offences u/s. 25(1)A and Sec. 35 of the Arms Act and Sec. 414 of the Indian Penal Code. The case against the Appellants was registered on 24.06.1997 at 5.00 p.m. on the basis of a written report lodged by Rana Pratap Singh, Sub Inspector of Police of Namkom Circle. The case of the prosecution as per the written report is that on 24.06.1997 at about 2.00 -

(3.) ALTOGETHER 21 witnesses were examined by the prosecution at the trial including the informant (P.W. 1) and other Police personnel who had constituted the raiding party and in whose presence the firearms were recovered. Both the seizure witnesses (P.W. 3 and P.W. 15) were examined as independent witnesses to the seizure. P.W. 2, who is Sergeant Major, was examined as a ballistic expert who has claimed to have examined the seized firearms and ammunitions and certified the same to be usable and functional. In addition, P.W. 21 had been examined to prove the sanction accorded by the Collector, Ranch, for prosecution of the Appellants for the aforesaid offences. P.W. 10, the Investigating Officer was also examined. The Appellants in their defence had also examined six witnesses. Several documents were also brought on record in evidence both by the prosecution as well as the defence.