JITENDER SAXENA AND GUDDU Vs. STATE

JUDGEMENT

(1.) In this appeal Jitender Saxena @ Guddu has challenged his conviction under Sec. 25 of the Arms Act and the sentence of R.I. for three years with a fine of Rs. 10.000.00 or in default further sentence of one year by Shri S.N. Kapur, Addl. Sessions Judge, New Delhi, vide judgment and order dated 21st December, 1988.

(2.) The facts in brief relevant for the decision of this appeal are as under:

(3.) During the investigation of his case S.I. Ran Singh was accompanied by other police officials when he received a secret information at 6.00 A.M. on 4.4.1887 that Jitender Singh Guddu wanted by him was seen on Kali Mandir Bangia Saheb Road upon which a raiding party was organised by the Investigating officer in which all the police officials present with him were joined. Jitender Singh @ Guddu was apprehended at about 6.05 A.M. and on his search he was found in possession of a gararidar knife in the right side pocket of his pant. The knife on measurement was found to be 12.6" with a blade of 5.3". Some English writing was found on the knife. A sketch of the knife was prepared which was thereafter converted into a sealed parcel and was geized vide seizure memo. A rukka was sent to P.S. Mandir Marg upon which FIR No. 129 was recorded on 4.4.1987.