PAWAN KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this revision is judgment of conviction and sentence dated 21.08.2007 passed by SDJM, Purnea in G.R. Case No. 1453/06 holding the petitioner guilty for an offence punishable under Sections 25(1-B), a 35 & 26(1) of the Arms Act and sentenced him to undergo R.I. for two years as well as fined Rs.1000/- in default thereof to undergo R.I. for six months additionally, independently under both counts is found reduced under Cr. Appeal No. 111/2007 along with Cr. Appeal No. 113/2007 vide judgment dated 08.05.2013 passed by 1st Additional Sessions Judge, Purnea upholding the conviction but sentenced one year under both counts independently as well as maintained quantum of fine appertaining to Rs. 1000/- so inflicted by the learned lower court and in default thereof to undergo R.I. for six months additionally. The sentences were directed to run concurrently.

(2.) It has been submitted on behalf of the petitioner that from the nature of allegation having against the petitioner out and out suggests it a case of plantation. In support of such plea, It has been submitted that recovery of only one cartridge has been shown against the petitioner which has got no relevancy at all. Neither its number suggests the dubious character of the petitioner nor possession of single cartridge lent any assurance to justify its possession. Because of the fact that petitioner had failed to grease the palm of police officials, they got him implicated in this case by such methodology. To prove the same, it has also been submitted that two DWs have been examined on behalf of the petitioner.

(3.) On the other hand, learned APP counter meeting with the submission submitted that concurrent finding of fact is not at all subject to interference by the revisional court. Therefore, this revision petition is fit to be dismissed.