MUNUWA ALIAS ASHOK Vs. STATE OF MP

JUDGEMENT

(1.) The appellant being aggrieved by the judgment dated 29-11-1989 passed in Sessions Trial No. 93/89 by the learned Addl. Sessions Judge, Rajnandgaon convicting the appellant under Section 25(1B)(b) of the Indian Arms Act, 1959 sentencing him to undergo R.I. for five months (the period already undergone), has filed this appeal.

(2.) The prosecution case in brief was that on 14-6-1989 the present appellant with an intention to commit murder of victim Ramesh Kumar caused an injury on his head by means of a sword. After receiving the report, the police agency came into action, sent the victim for his medical, prepared the panchnama and also recorded the statements of the witnesses. In accordance with the information, recorded the Rojnamcha Sanha (Ex. P-17). A further memorandum under Ex. P-15 was prepared and then a sword at the instance of the accused was recovered under Ex. P-13. On completion of the investigation, the challan was filed. The accused was put to trial. After hearing the parties, the learned Trial Court convicted and sentenced the appellant, therefore, he has come to this Court.

(3.) Learned counsel for the appellant submits that after acquittal of the appellant for substantive offence under Section 307, IPC, he could not be convicted under Section 25(1B) of the Indian Arms Act. According to him, not even a single witness has said that the accused was seen with the sword in any place specified under the notification issued under Section 4 of the Act and as contravention of Section 4 of the Indian Arms Act has not been proved by the prosecution, the conviction is bad.