SURENDRA ORAON AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R. P. Gupta, learned counsel for the petitioners. No one appears for the for the State.

(2.) This application is directed against the judgment of conviction and the order of sentence dated 28.09.2004 passed in Cr. Appeal No. 20 of 2003 by learned Sessions Judge, Lohardaga, whereby and whereunder, the judgment of conviction and the order of sentence, dated 08.08.2003 passed in G.R. Case No. 233 of 1999 (T.R. No. 89 of 2003) by learned Judicial Magistrate, Lohardaga, convicting the petitioner for the offence punishable u/ S. 25(1-B) of the Arms Act and Section 25/35 of the Arms Act and sentencing them to undergo R.I. for two years and R.I. for one year respectively, has been affirmed.

(3.) It has been stated by learned counsel for the petitioners that that there are vital contradictions in the evidence of the witnesses with respect to recovery of country made pistol. It has further been stated that the seizure list witness has been declared hostile. In such circumstances, the recovery itself has become doubtful and therefore the petitioners deserve to be acquitted.