Rongon Mukhopadhyay. J. - (1.) Heard Mr. K. K. Ojha, learned counsel appearing for the petitioners and Mr. S. K. Deo, learned A.P.P., for the State.
(2.) This application is directed against the judgment dated 18.09.2002 passed by the learned IInd Additional Sessions Judge, Godda in Criminal Appeal No. 26 of 2001/06 of 2002 and 29 of 2001/08 of 2002 whereby and whereunder the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Class, Godda in Pathargama P.S. Case No. 111 of 1997 on 30.05.2001 convicting the petitioners for the offence punishable under Sections 25(i)(a) and 26(i) of the Arms Act and sentencing them to undergo simple imprisonment for six months has been affirmed. The prosecution story in brief is that a special task force was constituted on the information that some accused persons were hiding in the house of the petitioner no. 2 with the booty of dacoity in connection with Godda (M) P. S. Case No. 228 of 1997. It is alleged that after entering Sanha the task force entered into the house of the petitioner no. 2 and they found three accused persons including the petitioners were sitting who tried to flee away but they were apprehended.
(3.) Based on the aforesaid allegation Pathargama P.S. Case No. 111 of 1997 was instituted for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act. Submission of charge-sheet led to taking of cognizance and thereafter the charges were framed and trial proceeded. The learned trial court vide judgment dated 30.05.2001 was pleased to convict the petitioners for the offences punishable under Sections 25(i)(A) and 26(i) of the Arms Act and sentenced them to undergo rigorous imprisonment for a period of two years.;