IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.23 of 2019 [Against the judgment of conviction and the order of sentence dated 13.12.2018 passed by the learned Sessions Judge, Khunti in Sessions Trial No.32 of 2018]

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1. Siprian Topno @ Sipriyan Topno, aged about 23 years, son of Late Ishaque Topno

2. Shantial Topno @ Shantiyal Topno, aged about 24 years, son of Soma Topno Both residents of Village – Amba Banai Toli, P.O.+P.S.-Torpa, District – Khunti. …. …. Appellants Versus The State of Jharkhand …. …. Respondent(s)

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PRESENT HON’BLE MR. JUSTICE RAJESH KUMAR ----

For the Appellants : Mr. Ashim Kr. Sahani, Adv.

Mr. Trisha Sagar, Adv.

For the State : Mr. Pankaj Kumar, A.P.P.

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By Court:

1. Heard the learned counsel for the appellants and learned counsel for the State.

2. The present appeal has been filed against the judgment of conviction and the order of sentence dated 13.12.2018 passed by the learned Sessions Judge, Khunti in Sessions Trial No.32 of 2018, whereby the appellants have been convicted for the offence under Sections 25(1-B)a, 26 and 35 of the Arms Act and they have been sentenced to undergo rigorous imprisonment of two years with fine of Rs.5000/- under Sections 25(1-B)a of the Arms Act and rigorous imprisonment of two years with fine of Rs.3000/- each under Sections 26/35 of the Arms Act and in default, to undergo simple imprisonment for one month.

3. The prosecution case, in brief, is that on 29.03.2017 at about 6:30 p.m; upon telephonic information regarding assemblage of some miscreants in Banabira forest, the informant along with police team proceeded towards the forest area and they saw four persons who started fleeing away from the bushes However, after hectic chase, they could apprehend the appellants. On search, a country made pistol with live cartridges and mobile with SIM were recovered from the possession of the appellant No:1 and two cartridges with mobile were recovered from the possession of the appellant No:2. However, both of them had failed to produce any document in support of those incriminating materials. Accordingly, seizure list was prepared and the appellants were taken into custody.

4. On the basis of self-statement of the officer-in-charge of Rania Police Station, the criminal case has been put into motion by lodging an FIR being Rania P.S. Case No.04 of 2017 dated 29.03.2017 under Sections 399 and 402 of the Indian Penal Code and under Sections 25(1-B)a/26/35 of the Arms Act.

5. The police after investigation had filed charge-sheet under Sections 399 and 402 of the Indian Penal Code and under Sections 25(1-B)a/26/35 of the Arms Act, thereafter cognizance has been taken and the trial court had framed charges against the appellants for the offence under Sections 399 and 402 of the Indian Penal Code and under Sections 25(1-B)a/26/35 of the Arms Act. The case has been committed to the Sessions Court to which the accused pleaded not guilty and claimed to be tried.

6. To substantiate the prosecution story, altogether seven witnesses have been examined by the prosecution examined seven witnesses, all of whom consistently supported the case regarding the raid and recovery. P.W.1 Binod Ram, the informant and Officer-in-Charge of Rania P.S., deposed that on 29.03.2017, acting on source information received from the SP, Khunti, a raiding team was constituted and, under the leadership of SDPO Torpa, conducted a raid near Banabira jungle, where two persons, namely Siprian Topno and Shantial Topno, were apprehended while two others escaped; from their conscious possession, a country-made pistol, live cartridges of 7.62 bore, and mobile phones were recovered, for which no valid documents were produced, and a seizure list (Ext-1) and self-statement (Ext-2) were prepared on the spot. P.W.2 Jitendra Oraon, P.W.3 Subhit Kujur, P.W.4 Sudarshan Guria, and P.W.5, Hawaldar, Suresh Toppo, all members of the raiding party, corroborated the version of P.W.1 regarding the raid, apprehension of two a