BARJESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SOLE appellant Brajesh Singh stands convicted for the offence punishable under Sections 25(a) of the Arms Act and sentenced to serve rigorous imprisonment for three years, by the Additional Sessions Judge, Fast Track Court No. I, Palmau at Daltonganj in Sessions Trial No. 462 of 1983.

(2.) BRIEF facts leading to this appeal are that in the evening of 29.6.1982 at 7.00 P.M., informant Kishori Ram, Officer -in -charge, Hussainabad Police Station on being informed that seven -.eight criminals armed with weapons have assembled near a lonely place to commit dacoity proceed for Deori Bazar. As further stated, he found that six -eight persons assembled at the arrack shop were consuming arrack. The police raided the shop, out of eight persons, six could manage to flee away, but the police could arrest the appellant with Abhay Singh. It is further stated that police searched these two arrested persons who were found carrying loaded country made pistol and extra cartridges in their pocket. Accordingly, the police arrested the two persons, seized the weapons and remanded them in custody, as they could not produce any document to show the arms being legally procured.

(3.) THE present appeal has been preferred mainly on the grounds that when the main offences were not proved, the conviction of the appellant under Arms Act is not maintainable. It is also asserted that the seizure list witnesses have not supported the prosecution case as they became hostile. According to Mr. Surendra Prasad Sinha, learned Counsel appearing on behalf of the appellant, non -examination of the informant -cum -investigating officer is fatal for the prosecution case. It is further asserted that the witnesses supporting the prosecution case after lapse of five -six years could not have identified him. Therefore, in the present facts, the conviction of the appellant after twenty years to be set aside.