Criminal Appeal (SJ) No. 170 OF 2007 Against the judgment and order dated 16.12.2006 passed by Sri Thakur Prasad Singh, Additional District Judge, F.T.C.-V, Nalanda in S.Tr. No. 486/2006. ************ 1. Laddu @ Laddu Mamma, S/o Late Hamid Khan, resident of Mohhala-Nohsa, P.S.- Silao, District- Nalanda. 2. Pappu, S/o Hamid Driver, Mohalla Katra Nadipaar, P.S.-Lahri (Bihar) District-Nalanda. 3. Md. Sultan, S/o Ilias Mian, Mohalla-Sherpar, P.S.-Bihar, District-Nalanda. ……(Appellants) Versus THE STATE OF BIHAR-------(Respodent) ************* For the Appellants : Mr. Anwar Karim, Adv. For the State : Mrs. I.B. Pandey, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellants have been convicted under Section 402 IPC and sentenced to RI for five years as also under Section 25(1-B) A Arms Act as also 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 certain boys were rounded up by the informant P.W. 1 who was on patrolling duty and from the possession of the appellant No. 3 one country-made pistol and three 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 corroborative witnesses who are also members of the patrolling duty whereas P.W. 5 is the Sergeant Major who tested the arms and found them fit for use. 4. Undoubtedly, no arms were recovered from the possession of appellant Nos. 1 and 2 and, therefore, they are acquitted of the charges and discharged from the liability of their bail bonds. So far as the appellant No. 3 is concerned he is acquitted of the charges under Section 402 IPC but convicted under Section 25(1-B) A Arms Act and sentenced to the period already undergone by him during trial. 5. In the result, the appeal is partly allowed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 27th June, 2011. NAFR/Vikash/-