Criminal Appeal (SJ) No. 186 OF 2007 Against the judgment and order dated 16.12.2006 passed by Sri Thakur Prasad Singh, Additional Sessions Judge, F.T.C.-V, Nalanda in S.Tr. No. 486/2006. ************ Md. Jaffar @ Sonu, S/o Md. Hameed Driver, resident of Mohalla-Katrapar, P.S.-Laheri (Biharsharif), District-Nalanda. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Lalan Kumar, Adv. For the State : Mr. Suraj Pd. Singh, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 402 IPC and sentenced to RI for five years as also under Section 25(1-B) A of Arms Act and sentenced to RI for two years by the Additional Sessions Judge, F.T.C.-V, Nalanda in S.Tr. No. 486/2006 by a judgment dated 16.12.2006. 2. The prosecution case is that in the night of 08.12.2005 when P.W. 1 was conducting a patrol duty he rounded up certain persons and from the possession of the appellant one country-made pistol and two cartridges were recovered. 3. During trial the prosecution in all examined six witnesses out of whom P.W. 6 is the Investigating Officer whereas P.W. 1 is the informant and P.W. 2, P.W. 3 and P.W. 4 are the rest police officers who 2 were on patrolling duty. P.W. 5 is the Sergeant Major who tested the arms for its effectiveness. 4. Considering the unimpeachable evidence of the prosecution witnesses that arms were recovered from the person of the appellant, I am not inclined to interfere with the conviction of the appellant under Section 25(1-B) A of Arms Act but the sentence is modified to the period already undergone by him during trial. 5. However, in the facts of the case the conviction of the appellant under Section 402 IPC is not sustainable and, therefore, he is acquitted of the charges and discharged of the liability of his bail bond under the said count. 6. In the result, the appeal is partly allowed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 27th June, 2011. NAFR/Vikash/-