Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.630 of 2010 =========================================================== Jitendra Sahni @ Jitu Sahni @ Jittu, Son of Singheshwar Sahni @ Singhwa, resident of village-Sari, P.S.-Warisnagar, District-Samastipur. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Sujit Kumar Singh, Advocate For the Respondent/s : Mr. Ajay Mishra, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 17-10-2012 The present appeal is directed against the judgment of conviction dated 28.1.2010 and order of sentence dated 29.1.2010, passed by the learned Additional District & Sessions Judge F.T.C.-IV, Samastipur, in Sessions Trial No. 76 of 2005, by which the appellant has been convicted and sentenced in the manner indicated hereinbelow:- Conviction Sentence [STATUTE] Simple imprisonment for two years. [STATUTE] Rigorous imprisonment for three years. [STATUTE] Rigorous imprisonment for ten years. [STATUTE] Rigorous imprisonment for two years. [STATUTE] Rigorous imprisonment for one year. [STATUTE] Rigorous imprisonment for seven years. Section 25(1-B)a of the Arms Act, 1959 Rigorous imprisonment for three years Patna High Court CR. APP (SJ) No.630 of 2010 dt.17-10-2012 2 / 13 2 Sections 26 and 35 of the Arms Act, 1959 Rigorous imprisonment for three years Section 3 & 4 of the Explosive Substances Act, 1908 Rigorous imprisonment for ten years. The trial court has ordered that all the sentences shall run concurrently. The prosecution case, in brief, according to one Vinod Kumar Srivastava (P.W. 1), the Officer-in-Charge of Samastipur Town Police Station, whose written reported dated 26.09.2004 is the basis of F.I.R., is as follows:- It is alleged that on the basis of a confidential information that stolen and looted articles relating to some cases registered in Muffasil Police Station and Town Police Station of Samastipur have been concealed in village-Sari, P.S.- Warisnagar in the house of Singheshwar Sahni @ Singhwa, a raiding team headed by Sri Sushil Kumar, the Sub-Divisional Police Officer, Samastipur was constituted and the team raided the house of Singheshwar Sahni at about 12.15 p.m. on 26.9.2004. However, Singheshwar Sahni could not be apprehended. On inquiry, the villagers disclosed that Singheshwar Sahni @ Singhwa managed to escape from his house on seeing the police vehicle coming towards his house. They also disclosed that the appellant, who, is son of said Singheshwar Sahni @ Singhwa was present inside the house. The informant alleges that the members of raiding team, thereafter, gave there search to the independent witnesses of the village, namely, Gonour Sahni and Ram Sharan Sahni and entered inside the house. On search being made in the east facing room adjacent to the courtyard by the Sub-Divisional Police Officer, Sadar (not examined) and R.P. Mishra (P.W. 3), the Officer-in-Charge of Muffasil Police Station, recovery of arms and ammunitions from “Gudra” (Bed) rolled and kept over the chowki of Singheshwar Sahni @ Singhwa was made. A seizure list was prepared in presence of the witnesses. It is contended that one double barrel gun, one country made rifle measuring 42” in length, one country made rifle measuring 26” in length, Patna High Court CR. APP (SJ) No.630 of 2010 dt.17-10-2012 3 / 13 3 36 live cartridges of 12 bore and 40 live cartridges of .32 caliber were recovered from the bed roll. A seizure list of the recovered arms and ammunitions was being made but, in the meantime, the appellant threw a bomb towards the constables, who had cordoned off his house. The bomb exploded, as a result of which, three constables, namely, Gopal Shresth, Manoj Kumar and Ramdeo Prasad sustained injuries. The injured constables were immediately sent by police jeep to Sadar Hospital, Samastipur. The appellant was immediately apprehended. However, his mother Phoolan Devi, managed to escape in the smoke produced due to explosion of bomb. A copy of the seizure list was handed over to the appellant. The appellant failed to produce any license for the arms and ammunitions recovered from the place of occurrence. On the basis of aforesaid information given by the informant to the Officer-in-Charge, Warisnagar Police Station, Warisnagar P.S. Case No.113 of 2004, was instituted for the offence punishable under [STATUTE] , 3 & 4 of the Explosive Substances Act as well as 25(1-B)a, 26 and 35 of the Arms Act and the investigation of was handed over to one Rajesh Kumar Rai (P.W. 17). It is relevant to note it here that the F.I.R. was instituted against the appellant, his father Singheshwar Sahni @ Singhwa and his mother Phoolan Devi. The police investigated the case and submitted charge sheet in which, the father and mother of the appellant were shown as absconders. The learned Magistrate took cognizance of the offence and committed the case to the court of sessions for trial. The trial court framed charge against the appellant under [STATUTE] , Sections 3 & 4 of the Explosive Substances Act, Section 25(1-B)a, 26 and 35 of the Arms Act. The appellant pleaded not guilty to the charges and claimed to be tried. Patna High Court CR. APP (SJ) No.630 of 2010 dt.17-10-2012 4 / 13 4 In course of trial, on behalf of the prosecution, in order to prove the charges, altogether 17 witnesses were examined. The prosecution has also proved seizure list of the arms and ammunitions seized from the house of the appellant which has been marked as Ext.-1. The signature of the witness to the seizure, namely, Gonour Sahni (PW 7) on the seizure list prepared by P.W.1 Binod Kumar Srivastava has been proved and m

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.