JUDGEMENT
RONGON MUKHOPADHYAY,J. -
(1.) No one appears for the petitioner. However, Mr. Sanjay Kumar, learned A.P.P. for the State is present.
(2.) This application is directed against the judgment dated 30.04.2001 passed by the learned 4th Additional Sessions Judge, Dhanbad in Criminal Appeal No. 43 of 2001, whereby and where under the judgment and order of conviction and sentence passed against the petitioner on 31.03.2001 by the learned Judicial Magistrate, Dhanbad in G.R. Case No. 1548 of 2000 convicting the petitioner for the offences punishable under section 25(1)(b) and Section 26(i) of the Arms Act and sentencing him to undergo Rigorous Imprisonment for one year with a fine of Rs. 100/- has been affirmed.
(3.) The First Information Report was instituted on the allegation that a raid was conducted by the Police in connection Saraidhela P.S. Case No. 298 of 2000. It is alleged when the Police party reached near Washeypur Noori Masjid, the petitioner was trying to flee away but he was apprehended and from his possession a pistol of 9 mm loaded with 10 cartridges were recovered from the waist of his full pant and in a handkerchief 14 cartridges were found tied and kept in one of his full pant pockets. Based on the aforesaid allegations G.R. Case No. 1548 of 2000 was instituted in which after investigation charge sheet was submitted by the Police leading to taking of cognizance. The trial court on consideration of the materials available on record had been pleased to convict the petitioner for the offences punishable under section 25(1)(b) and Section 26(i) of the Arms Act and sentence him to undergo Rigorous Imprisonment for one year.;
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