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CHANDRA SHEKHAR JHA
Anant Kumar Singh @ Anant Singh – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—Heard Mr. P.N. Shahi, learned senior counsel for the appellants in both these appeals and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.
2. Both these appeals have been heard together and are being disposed of by this common judgment.
3. Both above-mentioned appeals have been filed under Section 374(2) of the Code of Criminal Procedure (in short the “Cr.P.C.”) for setting aside the judgment of conviction dated 14th June, 2022 and order of sentence dated 21st June, 2022 passed by learned Special Judge, M.P./M.L.A., Patna in connection with Special Case No. 01 of 2020 arising out of Barh P.S. Case No. 389 of 2019, whereby and whereunder the appellants have been convicted for the offences under Sections 414, 120(B) of the Indian Penal Code and Sections 25(1-A)/35, 25(1-AA)/35, 26/35 of the Arms Act and Section 4 of the Explosive Substances Act, 1908 and sentenced to undergo imprisonment for a term of 10 years under Section 25(1-A)/35 of the Arms Act with fine of Rs. 20,000/-, in case of default of payment of fine, they shall undergo further sentence for six months. The learned trial court awarded same punishment i.e. imprisonment for a term
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The prosecution must prove unlawful possession of firearms beyond reasonable doubt, and minor inconsistencies in witness testimonies do not undermine the case if the overall evidence is credible.
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The failure to properly seal and document seized items raises reasonable doubt, leading to the acquittal of the accused.
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Conviction under the Arms Act requires independent corroboration of evidence, especially from police witnesses; the prosecution must prove guilt beyond a reasonable doubt.
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