SUBHASH GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has challenged the order passed by the learned Sessions Court, Manendragarh, Place Baikunthpur, District Korea in Cr. A. No. 49/2008 on 17/8/2010, whereby he has been convicted under Sec. 25 (1) (B) of the Arms Act and sentenced to undergo R.I. for one year and fine of Rs.100.00 for carrying arms which is prohibited under Sec. 4 of the Arms Act, 1959. The applicant was tried by learned J.M.F.C. Baikunthpur, District Korea in Cr. A. No. 327/07 dtd. 28/6/2008 whereby he was convicted under Sec. 25 of the Arms Act and sentenced to undergo R.I. for three years and fine of Rs.100.00.

(2.) The applicant has challenged the order passed by the learned Sessions Court, Manendragarh, Place Baikunthpur, District Korea in the instant revision under Sec. 397/401 of Cr.P.C.

(3.) The case of the prosecution is that on 25/10/2007 one Dasrath Rajwade (PW-3) informed the police that when he was in his agricultural field and he was irrigating his agricultural field, the present applicant came there and stopped him by cutting boundaries of the field, abused him and tried to assault by means of battle-axe. On such complainant, the police registered an offence punishable under Sec. 25 of the Arms Act. Police recorded the statements of Santlal (PW-1) and Mahendra Prasad (PW-2) and seized the battle-axe from the possession of the applicant.