The failure to properly seal and document seized items raises reasonable doubt, leading to the acquittal of the accused.

JUDGMENT :

This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction dated 01.07.2005 and Sentence dated 04.07.2005 passed in Cr. Appeal No.96 of 2004 by Sri Ram Babu Gupta, learned Additional Sessions Judge, Fast Track Court, Latehar by which the appellant has been found guilty and convicted for the offences under section 25 a(1-B)a and 26/35 of the ARMS ACT and sentenced to undergo R.I for three (03) years and to pay the fine of Rs.10,000/- under section 25 a(1-B)a of the ARMS ACT and further sentenced to undergo R.I for five (05) years and also to pay fine of Rs.2000/- under section 26/35 of the ARMS ACT .

However, all the sentences have been directed to run concurrently.

2. The prosecution case, in brief, is that on 29.02.2004 at about 5.30 p.m while the informant along with other police officials had proceeded for evening patrolling by Police 407 Van and in course of patrolling the informant party reached near Bamy jungle then they found that a Hero Honda Motorcycle bearing Registration No.JH02A 5820 was standing. As soon as the Police Vehicle stopped near the motorcycle then the informant party heard some sound coming towards the jungle. On that the informant along with other police officials ran towards jungle and they saw that 5-7 persons were fleeing away. On chase one person was apprehended and others fled away towards jungle getting the benefit of darkness. On being asked the apprehended person disclosed his name as Arun Sao (i.e. the appellant).

Then, in presence of the independent witnesses the search was made and on search a country made loaded pistol and four (04) cartridges were recovered from the possession of the apprehended person. On being asked, he could not produce any paper then in presence of independent witness the alleged articles were seized. The apprehended person further disclosed that yesterday Mohar Ganjhu, Bagalia Ganjhu, Kolia Ganjhu were seating in Balumath Garage. He also went there then Mohar Ganjhu told him that Holi is coming and there is crisis of money then he had also become ready for this and Kalia told that he will take 1-2 boys from Chandwa. On 29.02.2004 at about 6.00 p.m three persons went to Birni Jungle on Motorcycle and they had parked their Motorcycle near the road and they went inside the jungle and where Kalia Ganjhu was present. All were talking to commit loot by putting stones, in the meantime, a 407 Police Van was stopped there and they started fleeing away but he was apprehended by the police.

3. Heard Mr. A.K. Cahturvedy, learned counsel for the appellant and Mr. Bishambhar Shastri, learned APP for the State.

4. Learned counsel for the appellant has submitted that the impugned judgment of conviction and sentence passed by the learned Trial Court is illegal and is not sustainable. It is submitted that the impugned judgment and sentence passed by the learned Trial Court is perverse and against the materials on record. It is submitted that the finding of the learned Trial Court is also against the materials and statements of the witnesses. It is submitted that the learned Trial Court has not considered the defence of the appellant. I