- (1.) This appeal is directed against the Judgment and Order of conviction and sentence passed by the learned Additional Sessions Judge, 1st Court, Murshidabad in connection with Sessions Trial Case No. 1 of October, 2001 (Sessions Case No. 417 of 2001) arising out of Nowda P.S. Case No. 51 of 2001 dated 13.06.2001 under Section 25/27 of the Arms Act. The Prosecution case, briefly stated, is as follows: The case of the prosecution originates from the written complaint filed by Sirish Chandra Das, Sub-Inspector of Nowda Police Station, Murshidabad. In the said written complaint, it was alleged, inter alia, that on 13.06.2001 at about 19:15 hours he along with Assistant Sub-Inspector Nemai Banerjee, Constable No. 1610, Santosh Biswas and Home Guard Sadar Ali conducted raid in the house of Balaram Ghosh who was wanted in connection with Nowda P.S. Case No. 18 of 2001 dated 18.02.2001 under Section 302/120B/34 of the Indian Penal Code. During such raid, the accused Balaram Ghosh tried to flee away from his house; but the Police personnel were able to apprehend him. As no person was willing to stand as witness, the accused was searched in presence of the constable Santosh Biswas and Home guard Sadar Ali. During search one 12 bore improvised pipe gun measuring about 15 inches and one 12 bore live cartridge were recovered from the possession of the said accused.
(2.) On the basis of the said written complaint, Nowda P.S. Case No. 15 of 2001 was started. Police investigated the case and after completion of investigation submitted charge-sheet against accused Balaram Ghosh under Section 25/27 of the Arms Act.
(3.) On the basis of the aforesaid allegations and other relevant materials, charges under Section 25/27 of the Arms Act had been framed against the accused/appellant herein. He, however, pleaded not guilt to the said charges and claimed to be tried when the said charges were read over and explained to him.;