Criminal prosecution requires solid evidence, and non-examination of key witnesses by the prosecution introduces a reasonable doubt, resulting in acquittal.

JUDGMENT :

RAMESH CHAND MALVIYA, J.

1. Heard Mr. Vipul Sinha, learned Amicus Curiae for the appellant and Mr. A. M. P. Mehta, learned APP for the State.

2. The present appeal has been filed under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C’) challenging the Judgment and order of conviction dated 19.05.2006 and 20.05.2006 passed by the learned Additional Sessions Judge, F.T.C.-Vth Gaya in Sessions Trial No. 286 of 2004 / 724 of 2004 under Section 25 (1) AA of the Arms Act and the appellant has been sentenced to undergo rigorous imprisonment for eight years and has also been directed to pay a fine of Rs. 5,000/- and in default of payment of fine further rigorous imprisonment for a period of one year.

3. The brief fact leading to the filing of the present appeal is that on the basis of the written/self statement of the informant, Officer-in-charge, Tekari P.S., Sub-Inspector Dina Nath Mandal that on 09.07.2003 while he was present at police station at about 2:10 PM. received information that the accused involved in other case of Tekari Police Station case no. 182 of 2000 under Section 25 (1-A) AA of Indian Arms Act and Section 17 C.L.A. Act namely Sanjay Mistri and Sunder Mistri of village Maleha, who have been recently released from the Jail are manufacturing and also supplying Fire Arms to extremists. Thereafter he made a Sanha no. 185 dated 09.07.2003 and proceeded immediately to village Maleha along with S.I. Prakash Kr. Sinha, A.S.I. Bahadur Lal Das, Hav. Ram Narain Yadav, Constable no. 19 Ravinder Paswan, Constable 1706 Shashi Kant Sharma, Constable 1714 Furkan Ahmad, Arakshi 304 Mohd. Irfan Ansari and Dafadar Surender Singh and in the said course he saw two persons fleeing away towards opposite sides and police force tried to chased them but the said persons have succeeded to flee away and could not be nabbed by the police. Both the persons were identified by Dafadar Surender Singh as Sanjay Mistri and Saunder Mistri. In presence of two independent witnesses namely Ram Chander Sao of village Maleha and Ram Ashray Singh of village Noni, P.S. Tekari, District Gaya, the house of Sanjay Mistri and Sunder Mistri, was searched and during the said course a Mini gun factory unearthed and altogether 24 articles such as:

i. incomplete stain gun, (length of butt about 11½ ", the length of stand 4½ ", length of barrel 13"),

ii. Incomplete stain gun (length of back 11½") length of 4", length of barrel 13"),

iii. Two trager pin,

iv. Two firing pin,

v. Two trager guard,

vi. S.L.R.empty cartridges,

vii. One 315 empty cartridges.

viii. One Grill Machin,

ix. One Generator set,

x. One Bhanti set,

xi. Three reti,

xii. One dragger,

xiii. Three piece building rod,

xiv. 12 piece of Chenif different size,

xv. 17 piece Topna,

xvi. welding holder one piece,

xvii. One piece Guna Machine,

xviii. Seven small piece of Burma,

xix. One piece key, to open drill,

xx. four piece of Sarsi,

xxi. Three piece small Hammer,

xxii. Two piece iron blade,

xxiii. One piece stain with wooden,

xxiv. Welaiti Nehai were recovered.

3.i. Seizure list was prepared there, in presence of independent witnesses and they put their signature upon it. The Informant came to know from the villagers that Sunder Mistri and Sanjay Mistri are making supply of fire arms to extremists organization.

4. Further on the basis of the written statement of the informant, a formal F.I.R was registered in Tekari P.S. Case No. 118 of 2003, which was instituted on 09.07.2003 for the offences under Sections 25 (1-A) AA of the Arms Act and Section 17 of C.L.A. Act. After investigation, charge-sheet was submitted against S