JUDGMENT :

RAJESH KUMAR, J.

1. Heard Mr. Sheo Kumar Singh, learned counsel for the appellant and Mr. Saket Kumar, learned A.P.P.

2. The present appeal is directed against the Judgment of conviction and order of sentence dated 19.02.2019, passed by the learned Additional Sessions Judge-III, Palamau at Daltonganj, in Sessions Trial No.94 of 2017, arising out of Sadar (Town) P.S. Case No.252 of 2016 (G.R. No.1744 of 2016), whereby the appellant has been convicted for the offence under Sections 25(1B) (a)/ 26/35 of the Arms Act, and has been sentenced to undergo rigorous imprisonment for three years with fine of Rs.5,000/- (Five thousand) for the offence under Section 25(1B) (a) of the Arms Act and for the offence under Section 26 of the Arms Act, he is directed to undergo rigorous imprisonment for three years with fine of Rs.5,000/- with default clause. All the sentences were directed to run concurrently.

3. The criminal law has been put into motion by lodging an F.I.R being Sadar (Town) P.S. Case No.252 of 2016 under Sections 399/ 402 IPC and Sections 25(1-b)a/ 26/35 of the Arms Act against three accused persons including the present appellant.

The prosecution story, in short, is based upon the fardbeyan of Sheikh Ishrar Ahmad, Incharge of T.O.P No.1, that on 4.10.16 the informant along with forces of Tiger mobile were on patrolling duty and at about 13.00 hours while they were at Chahmuhan chouk the informant got secret information that three boys armed with weapons are standing in front of Government Bus Stand to commit loot. Pursuant to which the informant made information to the superior officer and thereafter proceeded to the place of occurrence and after seeing the informant and the police force, three boys started fleeing away and the informant with help of police force nabbed all the three boys, who disclosed their names as Deepak Kumar Pandey, Dablu Paswan and Rakesh Kumar Paswan. On search of their persons one 12 bore country made loaded revolver kept in the pocket of Rakesh Kumar Paswan, one live cartridge from the pocket of Deepak Kumar Pandey and one mobile was recovered from the possession of Dablu Paswan. They could not show any valid papers regarding the seized articles and Rakesh Paswan and Dablu Paswan disclosed that Deepak Panddy had called them for committing loot of bank money which goes to Garhwa from Daltonganj and they also disclosed that Deepak Pandey had given the pistol to Rakesh and they were acting pursuant to direction of Deepak Pandey. Three seizure list were prepared in three separate sheets and the case was lodged.

The police, after completing the investigation, has submitted the charge-sheet for the offence under Sections 399/ 402 IPC and Sections 25(1-b)a/ 26/35 of the Arms Act and the trial court has framed the charge under Sections 25(1-b)A/35 and 26(II)/ 35 of the Arms Act against the present appellant and two other co-accused persons.

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, Md. Arif Alam, is Police personnel and member of the raiding party. He has stated that seizure has been made before two independent witnesses. He has stated that from the possession of the present appellant only one mobile phone was recovered and the arms have been recovered from the co-convicts.

In cross-examination, he has deposed that he has put signature on search paper and not on the seizure list.

6. P.W.-2, Pandit Koutuk Kumar, is constable and member of police party. He has supported the prosecution story.

In cross-examination, he was unable to recognize the accused persons.

7. P.W.-3, Chandrapakash Shukla, is constable and member of raiding party. He has also supported the prosecution story. He has identified the accused in the court.

8. P.W.-4, Rake