- (1.) The two appellants namely, Masud Sheikh alias Maksud Sheikh and Milon Sheikh in Cr. Appeal No. 347/ 1998 (P) and the other two appellants namely, Jamirul Sheikh and Rubial Sheikh in Cr. Appeal No. 352/1998 (P), were tried together for the charges under Sections 25 (1-b) (A) and 26 (1) and 27 of the Arms Act and by the impugned judgment dated 6-8-1998 in Sessions Case No. 105/1995, the learned 1st Additional Sessions Judge, Dumka convicted these four appellants for the offence under Sections 25 (1-b) (A) and 26 (1) of the Arms Act and sentenced them to undergo R. I. for a period of three years each for the offence under Sections 25 (1-b) (A) and R. I. for a period of seven years each for the offence under Section 26 (1) of the Arms Act. The other two accused namely, Hasir Sheikh and Antu Sheikh, who were also tried with these four appellants, were acquitted from the charges by the same impugned judgment.
(2.) The prosecution case in short is that with regard to an occurrence of a dacoity in a Bus in the night of 3-11-1994, six miscreants were arrested in connection with Shikaripara P. S. Case No. 47/1994 and a case under Sections 395, 397 and 412, IPC was registered against them. In course of investigation, search was made of the ersons of the apprehended miscreants, who were apprehended during investigation of the aforesaid case of dacoity. It is said that from possession of the appellant Masud Sheikh, one live cartridge and from possession of the appellant Milon Sheikh, two live cartridges were recovered. Similarly, from possession of the appellant Jamirul Sheikh a country-made pistol loaded with cartridges and one more live cartridge was recovered, whereas from possession of the appellant Rubial Sheikh two live cartridges were recovered.
(3.) In order to establish the charges, altogether 18 witnesses were examined on behalf of the prosecution. Out of the aforesaid 10 prosecution witnesses, P.Ws. 8, 10, 12 and 13 were declared hostile, whereas P.Ws. 3, 6 and 7 were tendered for cross-examination.;