RAKESH KUMAR DWIVEDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated 31.7.2001 passed in crimi-nal appeal No. 118/2000 by the Additional Sessions Judge, Jagdalpur affirming the judgment dated 31.7.2000 passed in crimi-nal case No. 148/1999 whereby the appli-cant was convicted under Section 25 (lB)(a) of the Arms Act and sentenced to one year rigorous imprisonment and fine of Rs.100 in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) The prosecution story in brief is that on receiving information, Station-lncharge Orchha on 30.3.1999 went to the Govern-ment residence of the applicant along with colleagues and made search. On search, one country made pistol of 12 bore which was kept in one box and one cartridge of 12 bore kept in a box was found. Thereafter, the Station-Incharge, Orchha enquired the ap-plicant about the licence, thereof but no li-cence was shown to him. Investigation took place and during investigation seizures of those articles were- made. Statements of the witnesses under Section 161 of the Code of Criminal Procedure (for short the Code) were recorded.

(3.) After completion of investigation, per-mission to prosecute the applicant was ob-tained from the District Magistrate. Charge-sheet was filed before the Judicial Magis-trate First Class, Narayanpur (District Jagdalpur) who framed charge under Sec-tion 25 and 27 of the Arms Act against the accused, which was denied by him.