MANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) - The petitioner Manappa and Bhimanna were jointly tried by the Judicial Magistrate First Class, Yadgir, on the charge of the commission of the offence punishable under section 25 of the Indian Arms Act and were found to be guilty and convicted and sentenced to suffer simple imprisonment [or two months. Being aggrieved by the same, when they approached the Sessions Judge in appeal, the Sessions Judge while setting aside the conviction and sentence passed on Bhimanna, he having confirmed the conviction and sentence passed on the petitioner, the petitioner has approached this Court in revision.

(2.) The prosecution case as tried to be made out is: On a credible information said to have been received, P.W. 3 Ghouse Mohiuddin, COD Inspector, after having obtained search warrant from the Court to make a search of house bearing No. 1/98 of Hedgimadra village in Yadgir taluk, he went to the village on 22-11-1984, secured the essence of two panchas (P.W. 1 and P.W. 2) and went to the house in the village; the petitioner was present in the house, and he showed him the search warrant and in the presence of the panchas when, he took house search, he found Mos. Ito 25 in the house; he accordingly seized them under panchanama Ex; P. 1. P.W. 4 was also present at the time of the alleged search. After returning back to the Police Station, P.W. 3 lodged a complaint and, after making further investigation and, after arresting A-2 Bhimanna, on completion of the investigation, he sent up a charge sheet:

(3.) The defence of the accused is of total denial.