MAHENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Mahendra Sharma stands convicted for the offences punishable under Sections 25(1A) , 25(1C) , 25(1B) (a) and 26(1) , (2) and (3) of the Arms Act, 1959 (hereinafter referred to as "the Act") by judgment dated 02.11.2016, passed by the learned 5th Additional Sessions Judge, Munger in Sessions Trial No. 545 of 2009, arising out of Munger Muffasil P.S. Case No. 65 of 2009, and by order dated 06.12.2016, he has been sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs. 5,000/- for the offence under Section 25(1-A) of the Act; rigorous imprisonment for 5 years and a fine of Rs. 10, 000/- under Section 25(1-C) of the Act; rigorous imprisonment for 3 years and to pay a fine of 5, 000/- under Section 25(1-B) a of the Act; rigorous imprisonment for 5 years and a fine of 10, 000/- under Sections 26(1) of the Act and rigorous imprisonment for 7 years each and a fine of Rs. 10, 000/- for the offences under Sections 26(2) and (3) of the Act. It has further been stipulated in the order of sentence that in default of a total fine of Rs. 40, 000/-, referred to above, the appellant shall undergo simple imprisonment for 6 months. The sentences, however, have been ordered to run concurrently.

(2.) From the house of the appellant, equipments for manufacturing arms, semi-finished pistols, 5 country made pistols along with two cartridges of .315 bore, a bellow and burning coal were found, for which no explanation could be offered by the appellant.

(3.) The prosecution case rests on the self-statement of Sub-Inspector/Bhubneshwar Thakur, S.H.O. of Munger Muffasil Police Station, who has been examined as P.W. 1 at the trial. In his self-statement, he has stated that during the course of raid at various places for execution of non-bailable warrants of arrest, the police party arrived near the house of the appellant/Mahendra Sharma. The members of the raiding team heard the sound of hammer being used inside the house. On hearing the aforesaid sound, P.W. 1 took a decision to raid that house and an attempt was made to find out two independent witnesses. In the event of nobody agreeing for the same, two Constables, namely, Asharfi Ram and Ram Janam Singh, who have been examined as P.W. 3 and P.W. 4, were made witnesses to the search and, thereafter, search of the house was conducted. During course of raid/search, the appellant tried to flee away, but was arrested. The police party found that coal fire was burning inside the house, which was being kept alive by means of a bellow. Many equipments like hammers and files, were also found in the house. Beneath one of the beds, 5 unfinished country made pistols and cartridges were found. Apart from the aforesaid articles, drilling machine and an iron base were also recovered.