- (1.) BOTH these criminal revision applications arise out of the same case and as such, they are being disposed of by this common order.
(2.) HEARD the learned counsel for the petitioners and the learned counsel for the State. The petitioners are aggrieved by the Judgment dated 25th August 1999 passed by Sri V. N. Prasad, learned Judicial Magistrate, 1st class, Ranchi, in G.R No.212 of 1999 / T.R No.1024 of 1999, whereby the petitioners were found guilty for the offences under Sections 25 (1 -b), 25 (1 -a)/35 and 26/35 of the Arms Act and have been convicted for the same. Upon hearing on the point of sentence, the Trial Court below has sentenced the petitioners to undergo rigorous imprisonment for three years each for each of the aforesaid sentences were directed to be run concurrently. The appeal filed against the said Judgment by the petitioner Sukra Oraon was dismissed by the Judgment dated 21st December 1999 in Cr. Appeal No. 135 of 1999 / T.R No.6 of 1999 passed by the learned 5th Additional Judicial Commissioner, Ranchi, whereas the appeal filed by the petitioner Babu Lal Kumhar @ Babu Lal Karmali was dismissed by the learned 5th Additional Judicial Commissioner, Ranchi, by Judgment dated 14th October 1999 passed in Cr. Appeal No. 142 of 1999 / T.R No.7 of 1999.
(3.) THE petitioners have been made accused in Ormanjhi P.S. Case No. 10 of 1999 corresponding to G.R. No.212 of 1999 for the offences under Sections 25 (1 -b), 25(1 -a), 26 and 35 of the Arms Act, as on 29.1.99, a raid was conducted in the house of petitioner Sukra Oraon from where four persons including these petitioners were apprehended while manufacturing the fire arms. Some partly manufactured fire arms, manufactured fire arms and tools for manufacturing fire arms were seized in presence of independent witnesses and seizure list was prepared and the police case was instituted against the petitioners. After investigation, the police submitted charge -sheet against the petitioners. It appears that sanction for prosecution of the petitioners was also accorded by the Additional District Magistrate, Ranchi. Accordingly, the cognizance was taken by the Court below and ultimately the petitioners were put to trial.;