DINESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment dated 2.9.2004 passed by the Additional Sessions Judge, Balod in Criminal Appeal No.267 of 2002 affirming the judgment dated 4.6.2002 passed by the Judicial Magistrate First Class, Balod in Criminal Case No.281 of 2001 convicting and sentencing the Applicant as under: Conviction Sentence Under Section 25(1B)(b) of Rigorous Imprisonment for 1 year the Arms Act and fine of Rs.100/- with default stipulation

(2.) Facts of the case, in brief, are that on 2.1.1999 at about 10:30 a.m., Constable Shrawan (PW2), during his duty at Bus-Stand Rajhara, received information that the accused/Applicant was spreading fear among the people present at the said bus-stand by showing a Katar (Knife). This fact was telephonically conveyed by him to Assistant Sub-Inspector G.P. Tiwari (PW3). On receiving the intimation, G.P.Tiwari (PW3) reached the spot and caught the Applicant roaming with the Katar. He seized the Katar from the Applicant vide Ex.P1. First Information Report (Ex.P3) was registered by him against the Applicant. On completion of the investigation, a charge-sheet was filed against the Applicant under Section 25 of the Arms Act. Charge was framed against him under Section 25(1B)(b) of the Arms Act.

(3.) In support of its case, the prosecution examined as many as 3 witnesses. Statement of the Applicant was also recorded under Section 313 Cr.P.C. in which he denied the guilt, pleaded innocence and false implication. No witness has been examined in his defence.