IMPORTANT POINT
The central legal point established in the judgment is the interpretation and application of the provisions related to possession of prohibited arms under the Arms Act.

JUDGMENT :

Petitioners Birsa Munda and Surju Pahan have filed this revision application against the judgment dated 20.05.2016, passed by Shri Pradeep Kumar Srivastava, Sessions Judge, West Singhbhum at Chaibasa (As His Lordship was then), whereby and wherein, the learned Sessions Judge, West Singhbhum at Chaibasa partly allowed the appeal of the petitioners, by upholding the judgment of conviction and order of sentence dated 17.03.2016, passed by Shri Rama Kant Mishra, 1st Assistant Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 69/2012 arising out of Bandgaon P.S. Case No. 31/2011 corresponding to G.R. No. 277/2011, holding the petitioners guilty of the offences under sections 25(1-A)/25(1-B)a/26/35 of the Arms Act and thereby sentencing them to undergo R.I for seven years along with a fine of Rs. 2,000/- for the offences under section 25(1-A)/35 of the Arms Act; R.I for two years along with a fine of Rs. 1,000/- for the offences under section 25(1-B)a/35 of the Arms Act and R.I for five years along with a fine of Rs. 2,000/- for the offences under sections 26/35 of the Arms Act. In default of payment of fine, they were further directed to undergo S.I for one month. All the sentences were ordered to run concurrently. The period already undergone by them during the trial were ordered to be set off.

Learned Sessions Judge, West Singhbhum at Chaibasa, while upholding the judgment of conviction and order of sentence, set aside the judgment of conviction and order of sentence passed by the learned Trial Court holding the petitioners guilty of the offences under sections 26(1)/35 of the Arms Act

2. Prosecution case was instituted on the basis of self statement of the Informant A.S.I Suraj Oraon, Officer-in-charge, Bandgaon Police Station, alleging therein that on 27.09.2011 at about 11.15 am, he along with the police party was checking the vehicles outside the Bandgaon Police Station. While doing so, he intercepted one motorcycle bearing registration no. JH-01G-1792 and apprehended both these petitioners. On search, one loaded country made pistol and a live cartridge of 7.62 bore was recovered the possession of the petitioner Birsa Munda, while two live cartridges of 7.62 bore were recovered from the possession of the petitioner Surju Pahan. Seizure list was prepared at the spot and copy thereof was also handed over to both the petitioners.

3. In order to prove its case, prosecution has adduced both oral and documentary evidences. Both the learned Trial Court as well as the learned Appellate Court have come to a concurrent finding regarding the guilt of the petitioners.

4. Mrs. Nivedita Kundu, learned counsel appearing on behalf of the petitioners, submitted that Ballistic Expert, who has been examined as P.W-9, has stated that out of four cartridges, two were not in the working condition as they were misfired cartridges. It was submitted that the prosecution has not brought on record as to from whose possession, two misfired cartridges were recovered. As such, liability cannot be fixed on either of the petitioners for possessing the prohibited ammunition. Accordingly, it was prayed that no case under section 25(1-A)/35 of the Arms Act can be said to be made out.

5. Mr. Pankaj Kumar Mishra, learned A.P.P has submitted that two live cartridges each were recovered from the possession of the petitioners and they have been held guilty for the offences under sections 25(1-A)/35 of the Arms. It was further submitted that both these petitioners were aware that they were carrying firearms and prohibited cartridges. As such, failure on the part of the prosecution by not adducing specific evidence with regard to the recovery of misfired cartridges, will not prove fatal to its case.

6. The Informant Suraj Oraon has been examined as P.W-1. He has supported the allegation as made in his self-statement, which is the basis of First Information Report. He has stated that on 27.09.2011 at about 11.00 am, he was checking the vehicles in f