NARENDRA SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Vinay Dubey Advocate has been engaged by the appellant, but despite repeated calls, none appeared, therefore, Shri TK Tiwari, Advocate present in the Court is appointed as amicus curiae to argue the matter on behalf of the appellants

(2.) This appeal is directed against the judgment dated 29.11.2012 passed by Fourth Additional Sessions Judge, Bilaspur (CG) in Session Trial No.85/2010 wherein the said Court convicted the appellant for commission of offence under Section 25(1B) of the Arms Act, 1959 and sentenced him to undergo rigorous imprisonment for three years and to pay fine of 1000/- with default stipulation.

(3.) As per the case of the prosecution, on 05.11.2009 secret information was received by Head Constable Hemant Aditya (PW4) that two suspicious persons wandering on TVS Victor Motor Cycle bearing registration No.CG 10 G 4492 and they are having pistol and explosive substances. On the basis of the said information, the police personals searched the appellant and found him in possession of one country made pistol with five live cartridges magazine and 12 other live cartridges. Notice was supplied to present appellant for producing licence to possess fire arms and cartridges, but he failed to produce any documents. The matter was reported and sanction for prosecution was obtained from District Magistrate as per Ex-P/6 and the appellant was charge sheeted. After completion of the trial, the appellant was convicted and sentenced as mentioned above.