The prosecution must prove the charges beyond reasonable doubt, and challenges to the investigation and contradictions in the evidence of witnesses must be carefully considered.

Gopal Prasad, J. Heard learned counsel for the appellants and learned counsel for the Additional Public Prosecutor.

2. The appellants have been convicted under Sections 25(1-A) (1-B)A, 26 and 35 of the Arms Act and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.50,000/- for the offence under Section 25(1-A) of the Arms Act and in default of payment of fine, simple imprisonment for three months and they have further been sentenced rigorous imprisonment for three years and fine of Rs.25,000/- for the offence under Section 25(1-B)A of the Arms Act and in default of payment of fine simple imprisonment for one month and 15 days and further sentence to undergo rigorous imprisonment for three years under Section 26 of the Arms Act whereas no sentence was awarded under Section 35 of the Arms Act.

3. The prosecution case, as alleged, is that the informant (P.W. 10) received an information on 20.01.2012 at 6:00 A.M. from the Officer-In-Charge, Minapur Police Station (P.W. 1) that the criminals have attacked the house of Ashok Rai with intention to kill him but at the intervention of the villagers, the criminals fled away but two persons have been kept in confinement by the villagers. The Officer-in-Charge, Minapur, Police Station (P.W. 1) reached the place of occurrence, apprehended them. One of the criminals disclosed his name as Vijay Paswan. From his possession a country made loaded pistol with one live cartridge of .315 was recovered. The second person disclosed his name as Mahesh Patel. From his possession two live cartridges of S L R along with cartridge of 12 bore were recovered. Two mobiles were also recovered from the apprehended persons. On inquiry, the apprehended accused disclosed that they did the offence on the direction of Munchun Sah @ Roshan Jee, who is the active member of the MCC. They also stated that Munchun Sah @ Roshan Jee is concealing himself at the Bamboo clumps. The police party then raided the Bamboo clumps and caught hold of Munchun Sah and from his possession 9 MM pistol along with magazine loaded with a cartridge, mobile phone, some papers and a map was recovered. The map indicated that the extremists have planned to kill Ajodhi Rai and in execution of the plan the member of said Milisia extremist group under the leadership of Prabhu Sahani are staying at Subaigarh Point and the plan is being monitored by Zonal Commander Suhag Paswan. The information was passed on to the Senior Superintendent of Police, Muzaffarpur and on his direction a raiding party was constituted under the informant Sibli Numani (Nomani) (P.W. 10). Intimation to that effect was given to Bambam Chaudhary, S.D.P.O. Parkidayal (P.W. 2) with request to join the raid. The raid was conducted, the entire area was surrounded, the extremists were forced to surrender. The extremists started fleeing away, then the raiding party caught hold of the appellants. From the possession of appellant Prabhu Sahani A.K. 56 rifle loaded with a magazine with 15 round live cartridges were recovered. On the body of A. K. 56 rifle, it was mentioned as A. K. 56 - 1D16104279 with a folding butt. On the back of Prabhu Sahani a packet like bindollia containing 220 live cartridges of A.K. 56 were recovered and a mobile phone was also recovered. From the possession of one Munna Rai a country made pistol with long barrel (PG Rifle) loaded with one cartridge with butt having a length of four finger and from right pocket four round SLR 7.62 MM live cartridges, one 9 MM pistol loaded with Magazine and a cartridge with iron butt length of which is about six fingers and a mobile were recovered. The third person disclosed his name as Md. Isarafil, from whose possession a regular .38 revolver having written on its barrel STURN RUGER & Co. INC. SOUTH PORT, Conn. U.S.A., on the other side of the barrel it was mentioned as CAL .380 RIM, on its body it was mentioned as RUGER SERVICE – SLX, 6 round revolver loaded with six live cartridges of 0.38