IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.109 of 2004

Arising Out of PS.Case No. -null Year- null Thana -null District- SAHARSA

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1. Lilanand Sharma

2. Vinod Sharma, both sons of late Shital Sharma, r/v Sarahi, P.S.-Saharsa,

District-Saharsa.

.... .... Appellant/s

Versus

State of Bihar

.... .... Respondent/s

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Appearance :

For the Appellant/s : Mr. Anil Kumar Mukund

Mr. Purnendu Keshav

For the State : Mr. Binod Bihari Singh, APP

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA

ORAL JUDGMENT

Date: 17-03-2018

Heard the learned counsel for the appellants.

2. Both the appellants, above named, stood convicted

under Sections 25 (1)(A) and 26(2) of the Arms Act by judgment dated

13.02.2004 passed by the learned Additional Sessions Judge, F.T.C. IV,

Saharsa in S.Tr. No. 4/88, arising out of Saharsa P.S. Case No. 0071/87

and were sentenced to undergo R.I. for three years and R.I. for five years

respectively. Both the sentences were directed to run concurrently.

3. The prosecution case is based on the self-statement of

K.N. Mishra, the then Officer In-charge of Saharsa Police Station, who

has been examined as P.W. 7. He stated in his self-statement that on

23.02.1987 at 9:30 A.M., he received an information that the appellants

were making pistols and they used to sell pistols after making the same.

Thereafter, a team was constituted under the direction of the informant

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along with A.S.I. R.P. Mallik, Sub-Inspector T.N. Pandey, A.S.I. Udit

Paswan, A.S.I. J. K. Singh and Constable Ramotar Yadav, Rishikesh

Pandey, Ashrat Jahan Khan, Arjun Singh and two independent

witnesses, namely, Ram Prasad Yadav and Dashrath Rajak and they

proceeded from the Police Station and at 10:00 A.M. reached the house

of accused appellant Vinod Sharma and saw the accused persons making

pistols in the middle room of eastern house and thereafter, a search of

the said room was made and three barrels of semi-finished country made

pistols along with trigger guard, chamber and one half country made

pistol and other articles used in manufacturing of country made pistols

were recovered and accordingly a seizure-list was prepared and accused

persons were arrested and they confessed their guilt and disclosed that

about one and half years ago, cousin brother of the accused, namely,

Shivnarain Mistri came and got them skilled for making pistols and since

then they used to sell the same at the rate of Rs. 700/- to 800/-. They

further confessed that they used to keep the same in the house of

Kirandeo Sah and at present 5 country made pistols and seven round of

rifle cartridges were also kept there and they also sold the arms to Bikash

Roy, Anil Sah, Md. Jasim and Laxman Sah of Naya Bazar, Saharsa and

Subodh Sah of Village Sarahi.

4. On the basis of the aforesaid self-statement of the

informant (P.W. 7), Saharsa P.S. Case No. 0071/87 was registered under

Sections 25A, 26 and 35 of the Arms Act.

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5. After investigation, charge-sheet was submitted and

cognizance of the offence was taken and ultimately the case was

committed to the court of Sessions for trial and disposal.

6. During the trial, the appellants were charged under

Sections 25(1)(A), 25(1)(B) and 26(i), 26(ii) and 26(iii) of the Arms Act.

7. The defence of the accused persons is that they are

innocent and nothing has been recovered from their houses and further

defence is that Appellant No. 1, Lilanand Sharma is blind from last 20

years.

8. The learned trial court on conclusion of trial have

convicted the appellants under Sec