Conviction for illegal possession of ammunition requires strict proof of recovery and evidentiary integrity. Where the prosecution fails to demonstrate that seized items were properly sealed at the scene and independent witnesses fail to support the recovery, the conviction cannot be sustained due to procedural lapses.

JUDGMENT :

RAJESH KUMAR, J.

1. Heard Ms. Kaushiki Mishra, learned counsel for the appellant and Mr. Jitendra Pandey, learned A.P.P.

2. The present appeal is directed against the Judgment of conviction dated 07.09.2018 and order of sentence dated 10.09.2018, passed by the learned Sessions Judge, Lohardaga, in Sessions Trial No.178 of 2016, arising out of Lohardaga P.S. Case No.165 of 2016 (G.R. No.591 of 2016), whereby the appellant has been convicted for the offence under Sections 25(1-A)/ 26(2) of the Arms Act, and has been sentenced to undergo rigorous imprisonment for five years with fine of Rs.2,000/- for both the offences and in default of payment of fine, he has further been directed to undergo R.I for three months.

3. The criminal law has been put into motion by lodging an F.I.R being Lohardaga P.S. Case No.165 of 2016 dated 09.10.2016 under Sections 25(1-B)a/ 26 of the Arms Act and Section 17 of the C.L.A Act.

The prosecution story, in short, is based upon the fardbeyan of O/C Lohardaga, Jay Prakash Narayan Choudhary, Inspector, recorded on 09.10.2016 at 10:15 hours in Kujra Barwatoli, at the house of Agnu Bhagat. The informant has mentioned, that at 2:00 A.M. of 9.10.2016 under the leadership of S.D.P.O, Lohardaga, he along with P.S.I. Birendra Kumar Dixit, Hawaldar Ram Chandra Prasad with armed forces went out for raid, against the accused persons. At about 8.00 A.M. he got secret information that Agnu Bhagat S/o Jatru Bhagat, R/o Barwatoli is the supporter of TPC extremists, who keeps fire arms and cartridges in his house and is in visiting term to the T.P.C. Extremists namely, Prabhat Jee. At 8.45 A.M. he went with the members of raiding party and local villagers Somnath Bhagat and Shivlal Bhagat and raided the house of accused Agnu Bhagat. On seeing the police party, one person tried to escape from there, but he apprehended with the help of police party. On interrogation, he disclosed his name Agnu Bhagat, and in presence of both the said local witnesses, he searched the house of Agnu Bhagat and recovered four live cartridges from the bed room of accused situated in the north room of his house from and below his bed. The accused confessed that he talks from his mobile no. 8002655648 to the mobile no.7070275028 of Prabhat Jee. Thereafter, he seized the said four cartridges and mobile of the accused and obtained signature of witnesses, on the seizure list and handed over the copy of seizure list to the accused.

The police, after completing the investigation, has submitted the charge-sheet on 20.11.2016 and the trial court has framed the charge under Sections 25(1-A)/26(2) of the Arms Act and Section 17 of the C.L.A Act against the present appellant. Thereafter, the case has been committed to the court of Sessions to which the appellant has pleaded innocence and claimed to be tried and accordingly, the trial has commenced.

4. To substantiate the charges, the prosecution has examined altogether 09 witnesses and their depositions, in short, are as follows:-

5. P.W.-1, Jay Prakash Narayan Choudhary, is Police Inspector and the informant of the case. He has supported the prosecution case.

In cross-examination, he has deposed that during raid, family members were there and the accused fled away and caught thereafter. He has not examined the seized cartridges as to be live or not. Further, no evidence with regard to the extremist group was found.

6. P.W.-2, Sunil Kumar Sinha, is also Inspector of Police and also a member of the raiding party. He has also supported the case of the prosecution.

In cross-examination, he has stated that he has broug