Conviction under the Arms Act was overturned due to critical evidentiary failures including improper handling of seized items and lack of ballistic expert testimony.

JUDGMENT :

ALOK KUMAR PANDEY, J.

1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. The present appeal has been directed against the judgment of conviction and order of sentence dated 21.07.2025 passed by learned District and Additional Sessions Judge-IV, Rohtas at Sasaram in Sessions Trial No. 189 of 2015, arising out of Nokha P.S. Case No. 98 of 2014 whereby and whereunder the appellant has been convicted for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years along with fine of Rs. 250/- under Section 25(1-b)a of the Arms Act and in case of default of payment of fine, appellant has to undergo further simple imprisonment of 15 days. The appellant has further been sentenced to undergo rigorous imprisonment for three years and fine of Rs. 250/- under Section 26 of the Arms Act and in case of default of payment of fine, appellant has to undergo further simple imprisonment of 15 days.

3. According to self statement recorded by S.I. Mohd. Akram Ansari, S.H.O. of Nokha Police Station, on 10.07.2014 at 11:00 PM, he received a secret information that in white coloured Magic vehicle, 6-7 armed miscreants were roaming on Nokha-Rajpur road to commit some cognizable offence. Upon the said information, he rushed there along with other police officials and found one white Tata Magic vehicle parked near Srikhand Kali Asthan. On seeing the police, the miscreants started fleeing away out of which five persons were apprehended. On search, one country made loaded rifle was recovered from apprehended accused Upendra Paswan and on unloading the same, one cartridge was recovered. One country made pistol and three cartridges were also recovered from the pant of apprehended accused Upendra Paswan. One country made rifle was recovered from apprehended accused Sanoj Ram. One country made rifle and five cartridges were recovered from apprehended accused Kanhaiya Paswan. One country made pistol was recovered from the possession of appellant/Munna Ram. One country made pistol was also recovered beneath the seat of white Tata Magic vehicle bearing Registration No. BR-2T-3494. Accordingly, seizure list was prepared and a copy thereof was served to each of the accused persons.

4. On the basis of self statement recorded by S.I. Mohd. Akram Ansari, Nokha P.S. Case No. 98 of 2014 dated 11.07.2014 was registered under Sections 399, 402 of the IPC and Sections 25(1-B)a, 26 and 35 of the Arms Act. Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation, charge sheet has been submitted against the appellant and others under Sections 399, 402 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act. Thereafter, the learned trial court took cognizance. The case was committed to the court of sessions after following due procedure. The learned trial court framed charges against the appellant and others under Sections 399, 402 of the IPC and Sections 25(1-b)a and 26 of the Arms Act. Charges were read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.

5. In order to bring home guilt of accused persons, prosecution has examined altogether five witnesses. PW-1 Shashi Kant Kumar, PW-2 Sheo Parsan Singh, PW-3 Raj Deo Singh, PW-4 Mohd. Akram Ansari (informant of the case) and PW-5 Bigan Sahu (I.O. of the case).

6. Prosecution has relied upon following documentary evidence on record:-

Ext. 1- Signature of witness Shashi Kant Kumar on seizure list.

Ext. 2- Signature of witness Raj Deo S