Criminal Appeal (SJ) No.122 OF 1994 (In the matter of an application under Section 374(ii) of the Code of Criminal Procedure) JAI GOBIND UPADHYAY, SON OF RAM BACHAN UPADHYAY, RESIDENT OF VILLAGE JAGDISHPUR, P.S. KUDRA, DISTT. BHABHUA. ------- APPELLANT Versus THE STATE OF BIHAR -------------RESPONDENT P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The Appellants has been convicted under Section 353 of the Indian Penal Code and sentenced to a period of one year rigorous imprisonment as also under Section 25(1-B)a and 27 of the Arms Act and sentenced to three years rigorous imprisonment by the 6th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 323 of 1993 by a Judgment dated 16.4.1994. The prosecution case is that the Informant received information that a Culprit was selling Arms at a certain location and when he was fleeing, he attempted to fire at the Police Force but was caught. A country made pistol with fired cartridge was recovered from his hand and from his shoulder a bag containing five country made pistols and four Cartridges were recovered. The Appellant was charged under Sections 307 and 353 of the Indian Penal Code but he was acquitted of the charge under Section 307 of the Indian Penal Code. 2 The prosecution case to prove his case, examined eight witnesses out of whom PW-7 has proved the sanction order and PWs-1, 2, 3, and 4 are material witnesses on the point of occurrence. PW-5 and 6 are two seizure list witnesses. Having gone through the evidence on record, I find that PWs-1 to 4 have given consistent evidence with regard to the Appellant having been nabbed with the illegal Arms and there cannot be any iota of doubt with regard to the veracity of the prosecution case. In view of such, this Appeal is dismissed but the sentence is modified to one that has already been undergone by the Appellant. The Appeal is dismissed with modification noted above. Patna High Court, Patna. Dated, the 29th March, 2011 NAFR/S.ALI ( Anjana Prakash, J.)