Jharkhand High Court
Rahul Kumar Singh vs The State Of Jharkhand on 8 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 697 of 2016
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Rahul Kumar Singh ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE AMBUJ NATH
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For the Petitioner : Mr. Dilip Kr. Chakraverty, Advocate
For the State : Mr. A. K. Tiwari, A.P.P.
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08/08.02.2023.
Heard the parties.
This application is being disposed of at the stage of Admission
itself.
This criminal revision application is directed against the judgment
dated 05.03.2016, passed by Sri Peeyush Kumar, learned Additional
Sessions Judge-V, Jamshedpur in Cr. Appeal No.140/2012, whereby and
wherein the learned Appellate Court affirmed the judgment of conviction
and order of sentence dated 30.04.2012, passed by Sri Sachindra Nath
Sinha, learned Judicial Magistrate, Jamshedpur, in connection with
Golmuri (Bermamines) P.S. Case No. 327/2010, corresponding to G.R.
Case No.3383 of 2010 / T.R. No.1218 of 2012, holding the petitioner-
Rahul Kumar Singh guilty of offences under Sections 25(1-b) a/26/35 of
the Arms Act and thereby sentencing him to undergo R.I. for two years
alongwith a fine of Rs.500/-, in default of payment of fine, he was further
directed to undergo R.I. for three days.
The prosecution case was instituted on the basis of self statement of
the informant, N. K. Sah, Officer In-charge, Bermanines P.S. alleging
therein that on 29.12.2010 on the basis of confidential information, he
alongwith police party raided the place in front of old BOC near Mona
Road Morh and apprehended the petitioner and co-accused namely Md.
Jamir Ali @ Asamia. On search a loaded country made pistol was
recovered from the possession of the petitioner alongwith a black colour
purse in the name of Dr. Manish Kumar Jha, containing Rs.930/-. Three
live cartridges of .315 bore and Rs.1,070/- were recovered from the
pocket of Md. Jamir @ Asamia.
In order to prove its case, prosecution had adduced both and oral
documentary evidences. On the basis of the evidence available on the
record, both the learned trial court and the learned appellate court have
come to a concurrant finding regarding the guilt of the appellant.
Nand Kishore Sah P.W.-3 the informant and other members of the
raiding party have corroborated each other on the point that on 29.12.2010
at about 9:30 pm., on the basis of confidential information, petitioner and
co-accused persons were apprehended from the place of occurrence,
which is old BOC near Mona Raod Morh and a loaded country made
pistol was recovered from the possession of this petitioner.
Jaiprakash Nag P.W.-8 is the sergeant major, who had stated that he
had examined the recovered firearm, which was in active condition. The
report of this witness is Exhibit-3. Prosecution has also proved proved the
sanction order for the prosecution of the petitioner.
Seizure list is Exhibit-1, it shows that on 29.12.2010, at about 9:30
pm, a loaded country-made pistol was recovered from the possession of
this petitioner. However, this seizure list relates to Golmuri (Burmamines)
P.S. Case No.110/2010 dated 28.12.2010, whereas the present case relates
to Golmuri (Burmamines) P.S. Case No.327/2010 dated 30.12.2010.
Mr. Dilip Kr. Chakraverty, learned lawyer appearing on behalf of
the petitioner submitted that the seizure list, which has been brought on
record is not related to the present case. He further submitted that the
entire fact of recovery of firearms in the present case is doubtful and both
the learned trial court as well as the learned appellate court have erred in
holding the petitioner guilty for the offences under Sections 25(1-b) a /
26/35 of the Arms Act.
From the perusal of the seizure list Exhibit-1, it is evident that it
relates to Golmuri(Burmamines) P.S. Case No.110 dated 28/12/2010.
Nandkishore Sah P.W.3 has stated the the case number and date on the
seizure list has wrongly been mentioned.
Considering the aforesaid facts and circumstances, I am of the
opinion that the prosecution has failed to prove that the fire arms so
recovered from the possession of the petitioner was in respect to the
present case. Both the learned trial court as well as the learned appellate
courts have erred in holding the petitioner guilty of offences under
Sections 25(1-b) a/26/35 of the Arms Act.
The judgment of conviction and order of sentence dated
30.04.2012, passed by Sri Sachindra Nath Sinha, learned Judicial
Magistrate, Jamshedpur, in connection with Golmuri (Bermamines) P.S.
Case No. 327/2010, corresponding to G.R. Case No.3383 of 2010 / T.R.
No.1218 of 2012 is set aside.
This Criminal Revision Application is allowed.
Pending I.A., if any, also stands disposed of.
(Ambuj Nath, J.)
Jay/-
