The prosecution must prove its case beyond reasonable doubt, and fair and impartial investigation is essential for reliable prosecution.

JUDGMENT :

Ramesh Sinha, J.

The applicants seek to challenge the order dated 02.09.2014 passed by the learned Additional Sessions Judge (FTC) District Korba in Criminal Appeal No. 8/2014 whereby it has affirmed the judgment of conviction and order of sentence dated 28.02.2014 passed by the learned Chief Judicial Magistrate, Korba, in Criminal Case No. 1266/2013 by which it has convicted and sentenced the applicants for the offence punishable under Section 25 of the Arms Act and sentenced the applicants to undergo rigorous imprisonment for 3 years each with fine of Rs. 1000/- and in default of payment of fine, to undergo further 2 months simple imprisonment.

2. Since all the above revision petitions arise of the same order, they are being considered and decided together.

3. The prosecution case, in brief is that Yadumani Sidar, Police Inspector, was on patrolling duty on 07.10.2013. He received an information through the informant that some persons in a vehicle Safari which was not having the registration plate, had entered Korba city and their activities were suspicious. Upon receipt of such information, they checked the vehicles near Sunaliya by-pass canal road. When the said vehicle reached the spot, they found three persons sitting in the same who identified themselves as Kamal Agrawal, Sanjay Thakur and Mohammad Shahid @ Sajid. Mohammad Shahid was driving the vehicle. From the accused-Kamal Agrawal, the police seized one pistol of 7.65 mm alongwith 5 live rounds, one mobile, from accused-Mohammad Shahid @ Sajid, one pistol of 7.65 mm and 5 live rounds, and from the accused Sanjay Thakur, 3 numbers of 315 bore live rounds and one mobile of Spice company was seized and from the dashboard of the car, one mobile phone and two live rounds of 8 mm (315 bore) was also seized. When the accused/applicants were given notice under Section 91 of the Cr.P.C. for producing the documents for possessing the said arms and ammunition and the registration papers of the vehicle, they could not produce any document. Accordingly, after seizing the said arms ammunition, they were arrested. On the spot itself, according to the statement given by the witnesses, Dehatinalishi No. 0/13 under Section 25 of the Arms Act was registered and on the basis of the said Dehatinalishi, Crime No. 479/2013 for the offence under Section 25 of the Arms Act was registered at Police Station, City Kotwali, Korba.

4. The police investigated the matter and filed charge sheet. The learned trial Court i.e. Chief Judicial Magistrate, Korba, after hearing learned counsel for parties, convicted the applicants as aforesaid vide its order dated 28.02.2014. The said order was challenged by the applicants before the learned lower appellate Court i.e. Additional Sessions Judge (FTC) Korba, District Korba, which also stood dismissed vide judgment dated 02.09.2014.

5. Mr. Y.C.Sharma, learned senior counsel, assisted by Mr. Ajay Chandra and Mr. Hariom Rai, learned counsel for the applicant {in Cr.R. No.646/2014) submits that the orders of both the courts below are bad in law as well as facts on record as they have failed to appreciate that none of the independent witnesses have supported the case of the prosecution. Further, the witness were not called by summons, Mukhbir Panchnama was not prepared, Talasi of Police officials not given, Rojnamcha Sanha of Ravangi was not proved, notices were not given to the accused before search, vehicle seizure was not prepared on the spot, spot map was also not prepared and seized articles were not produce for grant of permission to prosecute and other required procedure as per law. The Courts below also did not take into consider that the seal is not marked in seizure memo, seized article not send for analysis to expert officer who lodged the F.I.R. conducted an enquiry, statement of staff were not recorded and they were examined and courts below relied on their statements. Even the grant of permission to prosecute is/was not duly proved by the pros