- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 11.1.2000 passed by the then VIIIth Additional Judicial Commissioner, Ranchi in S.T. No.273 of 1995A whereby and whereunder the appellant having been found guilty for the offence under Section 25(i)(b) of the Arms Act was sentenced for the period already undergone.
(2.) THE case of the prosecution is that when an information was received on 17.6.1994 in the Kotwali Police Station that some miscreants have assembled at Naga Baba Khatal for the purpose of committing dacoity, the informant, Brij Bihari Ram (P.W.3) who at the relevant point of time was Officer -in -Charge of Kotwali Police Station along with other police personnel including Nav Kant Jha (P.W.4) as well as Investigating Officer, T.P.Gupta (P.W.6) raided the house of accused Mannu Yadav. There the police arrested four persons, who disclosed their names as Mannu Yadav @ Munni Lal Yadav, Manoj Thakur (appellant), Sugriv Mishra and Amrit Bahadur. They on being searched found in possession of country made pistol as well as cartridges. So far this appellant is concerned, he was found in possession of country made pistol as well as one cartridge. All those firearms and cartridges were seized. Thereupon when search was made of the house of Mannu Yadav, the police seized Rs.6000/ - in cash and some silver coins which had been kept in a box. The police also recovered explosive bomb from the possession of Sugriv Mishra. The accused persons confessed before the police that they had assembled there for the purpose of committing dacoity.
(3.) THEREAFTER , Brij Bihari Ram (P.W.3) submitted a written report (Ext.1), upon which formal FIR (Ext.2) was drawn whereby a case was registered as Kotwali P.S. Case no.291 of 1994 under Sections 399, 402, 412 of the Indian Penal Code and also under Sections 25(1)(b), 26, 35 of the Arms Act and also under Section 3/ 4 of the Explosive Substance Act. When the matter was taken up for investigation, the Investigating Officer, T.P.Gupta (P.W.6) recorded the statements of Vijoy Kumar Yadav (P.W.1) and Gyan Chand Yadav (P.W.2),the independent witnesses in whose presence search and seizure had been made. The firearm seized, sent for its examination with respect to its effectiveness before Shilvanus Bhakla (P.W.5), Sergeant Major, who on examination submitted report (Ext.4) reporting therein that all the arms and ammunitions sent for examination were found effective. After procuring sanction order (Ext.5), charge sheet was submitted against all the accused persons, upon which cognizance of the offence was taken and the case was committed to the court of session where this appellant was put on trial on the charges framed under Sections 399 and 402 of the Indian Penal Code and under Section 25(i)(b) of the Arms Act along with Sugriv Mishra, Amrit Bahadur, Mannu Yadav, Babuwa @ Varis Ansari and Javed Ansari.;