The conviction was overturned due to unreliable evidence and procedural irregularities in the search and seizure process, leading to the acquittal of the petitioner.

JUDGMENT :

(Pradeep Kumar Srivastava, J.)

Heard learned counsel for the parties.

2. In this criminal revision, the petitioner has challenged the legality, propriety and correctness of his conviction and sentence for the offences punishable under Section 25(1-b)a and 26 of the Arms Act, 1959 passed by the learned Sub Divisional Judicial Magistrate, Hazaribagh in G.R. No. 2916 of 2005 and T.R. No. 331 of 2009 (arising out of Barhi P.S. Case No. 254 of 2005), whereby and whereunder vide judgment dated 02.09.2009, the petitioner has been held guilty and sentenced to undergo R.I. of two years along with fine of Rs. 2,000/- for the offence under Section 25(1-b)a of the Arms Act, 1959 and same punishment has also been imposed for the offence under Section 26 of the Arms Act, 1959 with default stipulation, which has been upheld and confirmed in Criminal Appeal No. 138 of 2009 vide judgment dated 07.05.2015 passed by learned Additional Sessions Judge-III, Hazaribagh.

Factual Matrix

3. As per F.I.R. (Exhibit-3), the allegation is that S.I. Naresh Prasad Sharma, Officer-in-Charge, Barhi P.S. has received a confidential information on 24.10.2005 that notorious criminals namely, Suresh Sao and Shankar Rawani along with co-accused are hiding in the house of one Bandhan Yadav (present petitioner) in Village – Tetariya, Bhandaro. The informant with the assistance of officers of nearby police station and armed forced conducted a raid in mid-night at the house of present petitioner. It is alleged that during raid, some sound of moving motorcycle was heard and the motorcyclist was apprehended, who disclosed his name as Bandhan Yadav (present petitioner). On search, a loaded pistol and cartridges were recovered from his waist and two empty cartridges of 0.315 bore was also recovered from his pocket. It is alleged that due to fear of notorious criminal Suresh Sao, no local witnesses were available for completing the formality of search and seizure, so the seizure was prepared in presence of police officers and copy thereof given to accused Bandhan Yadav and his brother Babu Lal Yadav.

4. After completion of the investigation, police submitted charge sheet against the petitioner for the aforesaid offences. The petitioner denied the charges levelled against him and claimed to be tried.

5. In course of trial, altogether 08 witnesses were examined by the prosecution, which are as follows:-

P.W.-1 : S.I. Naresh Prasad Sharma, who is the informant and member of raiding party.

P.W.-2 : Nand Kishore Shah, Constable No. 329, witness of seizure, declared hostile.

P.W.-3 : Surya Tubid, Constable No. 13, witness of seizure, declared hostile.

P.W.-4 : Mahendra Singh Munda, Circle Inspector, Ramgarh Circle.

P.W.-5 : Pran Ranjan Kumar, Officer-in-Charge of Barkatta Police Station.

P.W.-6 : Pradeep Kumar Singh, S.I. of Ichak Police Station, Hazaribagh.

P.W.-7 : Nageshwar Rajak, the then S.I. of Koderma Police Station.

P.W.-8 : A.S.I. Rampati Yadav, Formal witness, who have produced the seized materials of this case.

Material Exhibit-I is a pistol and Material Exhibit-II is the cartridges, which were produced without sealed cover, mentioning of the case number and signature of officers.

The case of accused is denial of occurrence and false implication by police only on the basis of suspicion and no firearm and cartridges were recovered from his possession.

6. The learned trial court, after evaluation of evidence, both oral as well as documentary arrived at conclusion of guilt of the petitioner and convicted and sentenced him as stated above, which has been affirmed by the learned appellate court and assailed in this revision.

7. Learned counsel for the petitioner has submitted that the impugned judgment passed by the learned trial court as well as the learned appellate court are absolutely perverse, illegal and fit to be set aside. It is case pertaining to recovery of one pistol loaded with one live cartridge and two empty cartridges in the dead of night at about 2:00 AM. The Inves