Law: Evidence Act (I of 1872)

Section: 27

Law: Arms Act (XI of 1878)

Section: 19

(a) Evidence Act (I of 1872), S. 27-Accused while in Police custody giving information leading to recovery of looted rifle from his unauthorised possession-Such statement of accused given to Police, held, admissible in evidence-Concurrent findings of Courts below that accused was in unauthorised possession of rifle-Accused's conviction under S. 19(f), Arms Act, 1878, not interfered with Arms Act (XI of 1878), S. 19(f). (b) Arms Act (XI of 1878), S. 19 [as repealed by East Pakistan Repealing and Amending Ordinance (XIII of 1966)] Sentence-Section authorising enhanced punishment having ceased to be on Statute Book at time of commission of offence-Enhanced sentence imposed on accused set, aside in circumstance. Laves of hearing: 10th and 12th March 1970, JUDGMENT A. M. SAYEM, J.-This Rule was obtained by Md. Shahjahan Mia. Upon a finding that he had unauthorisedly in his possession or under his control a rifle on the 19th March a 967 in contravention of section 14 of the Arms Act (XI of 1878), the Assistant Sessions Judge of Pabna convicted-him under clause (f) of section 19 of the said Act (which provides a sentence of imprisonment extending to a period of 3 years only, or of fine or both for offences under each of the clauses of the section). The learned Assistant Sessions Judge imposed on him an enhanced sentence of rigorous imprisonment for 4 years, purported to have been passed under section 19-A thereof. His appeal "from the order of conviction and sentence was dismissed by the Sessions Judge of Pabna. Briefly stated, the prosecution case is as follows. On the. 16th March 1967 there was a widespread disturbance in Pabna town. Arms shop, of the town, including Messrs Syed Arms Store, were raided and fire-arms were looted. While in search of fire-arms looted during the disturbance, a police party led by Sub-Inspector Matiar Rahman (P. W. 1) of Pabna P. S. went to Bharera in the suburb of Pabna town and arrested the petitioner at about noon on the 19th March 1967. The petitioner, while, thus in custody, took the police party to the river Padma. In pursuance of a statement made by him that he had kept a rifle in the bed of the Padma and upon his…