RAMESH KUMAR JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, on being tried and found guilty for the offence under Sections 25(1 -B) and 26 of the Arms Act, was sentenced to undergo simple imprisonment for one year and six months. The appellate Court confirmed the said conviction as well as the sentence. Hence, the present revision.

(2.) THE allegation against the petitioner is that on 17.2.1989, house of the petitioner was searched by Sri S.C. Jha, Officer -in -charge of Mandu police station of Hazaribagh district and on such search he found one rifle and five live cartridges. According to the prosecution, they were seized and seizure list was attested by the witness and a case being crime No. 69/89 was registered at Manclu Police Station. After investigation the final report was filed. The petitioner denied the allegations.

(3.) I have heard Mr. V.K. Prasad, learned APP, appearing for the State, who also admits that the officer, who prepared the seizure list, was not examined and that the attesting witness also turned hostile. It is also brought to my notice that there is no evidence to show that the said seizure was effected from the house of the petitioner.