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2025 Supreme(Jhk) 2049

IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Abhay Kumar Singh Chauhan @ Futo Singh, Son of Late Hari Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.K. Kashyap, Sr. Advocate, Mr. Anurag Kashyap, Advocate
For the Respondent: Mr. Shiv Shankar Kumar, A.P.P.

Table of Content
1. details of conviction and arrest (Para 1 , 2)
2. defense arguments regarding recovery evidence (Para 3 , 4)
3. prosecution claims and witness testimonies (Para 5 , 6 , 7 , 8 , 9)
4. legal precedent on evidence requirements (Para 10)
5. reasons for appeal decision and legal conclusion (Para 11 , 12)
6. order discharging appellant and concluding the case (Para 13 , 14 , 15)

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. The present appeal is directed against the judgment and order of conviction and sentence dated 06.06.2006 and 07.06.2006 passed by learned Additional Sessions Judge, F.T.C-IV, Deoghar in S.T. No.12(B) of 2001/23 of 2006 whereby and whereunder, the sole appellant has been held guilty for the offence under section 25(1-B)(a) and 26 of ARMS ACT and sentenced to undergo R.I. of 2 years with fine of Rs.2,000/- for each of the offences with the default stipulation. Both the sentences have been directed to run concurrently. The appellant has been acquitted from the charges under sections 399 and 402 of INDIAN PENAL CODE .

FACTUAL MATRIX

2. Factual matrix giving rise to this appeal is that on 09.10.2000 at about 11:55 PM, while S.I. J.K. Singh, the then Officer-in- Char

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