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2012 Supreme(Pat) 1032

SHEEMA ALI KHAN
HARILAL KORA, SON OF SAHDEO KORA – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT/S : MS. BELA SINGH, AMICUS CURIAE
FOR THE RESPONDENT/S: MS, ABHA SINGH, A.P.P.

JUDGMENT

Sheema Ali Khan, J.

This jail appeal is directed against the judgment of conviction and the order of sentence dated 20th May, 2000 passed by the 3rd Additional Sessions Judge, Munger in Sessions Case No. 802 of 1997 whereby the sole appellant has been convicted under Section 25 (1) (a) and 26 (1) of the Arms Act to undergo rigorous imprisonment for five years and three years respectively. The sentences were to run concurrently.

2. The written report has been filed by the Officer-in-charge of the Kharagpur Police Station alleging that he raided the house of the appellant at about 3 AM on 25.04.1996. At the time of the raid, he was accompanied by several other police constables. On raid, some persons ran away from the house. The informant seized one country made loaded rifle with muzzle loading rod and ‘newar’, one country made muzzle loading gun, one country made pistol, four pieces of barrel for manufacturing guns and pistols, one iron burma, one spring, 18 pieces of trigger and trigger guard, one pieces of ‘ranga’ and some small instrument and apparatus for manufacturing rifle, gun and pistol. Seizure was made in presence of PWs 1, 2 and 3.

3. On the basis of the aforesai







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