A conviction under the Arms Act requires technical proof of weapon functionality and strict adherence to evidence-sealing procedures. Mechanical sanction orders lacking evidence of application of mind, combined with insufficient independent corroboration of recovery, render such convictions unsustainable.

JUDGMENT :

ACHAL SACHDEV, J.

1. The present criminal appeal had been preferred by the appellant Chandrapal Yadav, son of Nanha Singh and Azad Singh son of Ujagar Lal under s. 374(2) Cr.P.C., being aggrieved by the Judgment and order dated 27-05-1988 by which the appellant Chandrapal Yadav and Azad Singh, along with co accused/non appellant Sheo Dutt were convicted of the charge under s.25 Arms Act,1959, in consolidated Sessions Trial case number 133 to 136 of 1987, State Vs. Sheo Dutt & Others, under sections.25 Arms Act and ss.399/402 IPC. by the Court of Special Judge (Dacoity Affected Area Act), Police Station Sikandra, District Kanpur Dehat, and were sentenced to undergo rigorous imprisonment for a period of 1 year and no default sentence was imposed.

2. The appellants were acquitted of the Charges under s.399/402 IPC, and no State appeal has been filed against the order of acquittal. During the pendency of the appeal, the appellant Chandrapal Yadav died and by order dated 08-01-2026 of this court, the appeal against appellant number 1 Chandrapal son of Nanha Singh stands abated.

3. The appellant, along with one other co-accused, were arrested by a police party on receiving information from an informant that a few persons had assembled and were making preparations for committing dacoity in the house of someone. The other two co-accused had made good their escape from the place of assembly, who were identified by the leader of arresting police party, PW-2 SSO Chandrapal Singh. The accused Digvijay and Gopal Singh, who had earlier escaped from the spot, later on surrendered before the court. The arrest and recovery memorandum has been proved as Exhibit Ka'1 by the prosecution. The case was investigated, and charge sheets were submitted separately under s.399/402 IPC bearing case crime number 140/87 against accused Sheo Dutt, Chandrapal Yadav, Azad Singh, and Digvijay Singh on 27-10-87 before the Court of Special Judge(Dacoity Affected Areas)Act,1981, and cognizance of the offence under the sections was taken by the court on 16-11-87 and against accused Gopal Singh on 28-11-87 and cognizance was taken on 07-12-87. Charge sheet in case crime number 141/87 under the Arms Act was filed before the court of Special Judge(Dacoity Affected Areas)Act,1981 against the accused Sheo Dutt on 27-10-87, and cognizance was taken by the court on 16-11-87. Charge sheet in case crime number 142/87 under the Arms Act was filed before the court of Special Judge(Dacoity Affected Areas)Act, 1983 against the accused Chandrapal Yadav on 27-10-87 and cognizance was taken by the court on 16-11-87.Charge sheet in case crime number 143/87 under the Arms Act was filed before the court of Special Judge(Dacoity Affected Areas)Act, 1983, against the accused Azad Singh on 27-10-87, and cognizance was taken by the court on 16-11-87.

4. The accused appeared before the court, and charges were framed against the accused under sections 399/402 IPC in case crime number 140/87 and under section 25 Arms Act in case crime numbers 141/87. 142/87 and 143/87 respectively on 08-01-1988. The accused denied th