Possession of illegal weapons

Sessions Court (First Appellate Court) disposed of appeal filed by accused against his conviction and sentence for the reason that it had become infructuous as accused had already served out the sentence awarded to him by the Trial Court

Legality

Even after an accused had served out his sentence, appeal could not be disposed of on such ground, and same should have been proceeded and decided on merits

Impugned order of Sessions Court was set aside and case was remanded to the Sessions Court to be decided afresh on merits in accordance with law

Application was disposed of accordingly.

Contentions of accused were that he along with his father and brother were taken into custody by the Station House Officer (SHO) police, who demanded bribe, and on refusal of such demand, firearm was foisted upon the accused; that an application filed under S.491, Cr.P.C., showed that a raid was conducted during which father and brother of the accused were recovered from the custody of the police; that arrival and departure entries had not been produced in the Trial Court; that there were shops and hotels near the place of incident but no private person was called upon to act as mashir, and that firearm allegedly recovered was not sent to Ballistic Expert for report

Validity

Application filed under S.491, Cr.P.C., for recovery of accused, and his father and brother, was available on record but this aspect of the case had not been discussed by the Trial Court

Arrival and departure entries were not produced before the Trial Court

Investigation Officer failed to examine any person from the shops and hotels near the place of incident

Firearm and bullets were not sent to Ballistic Expert for report

Prosecution had failed to prove its case beyond any shadow of doubt

Appeal was allowed, conviction and sentence recorded by Trial Court was set aside and accused was acquitted of the charge.