SHIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in CC No. 179 of 2006 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta and the appellant in Crl. Appeal No. 45 of 2008 on the file of the Court of Sessions, Pathanamthitta. The offence alleged against the accused is punishable under Section 25(1)(1-B)(a) of the Arms Act , 1959 (hereinafter referred to as, "Act").

(2.) The trial court, on completion of trial, found the revision petitioner/accused guilty of the offence punishable under Section 25(1) (1-B)(a) of the Act and accordingly, he was convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for a period of three months, which was later confirmed by the appellate court. Feeling aggrieved, the revision petitioner is before this Court.

(3.) The prosecution case, in brief, is that on 25.03.2003 at about 21.30 hrs, the accused was found in possession of an unlicensed country made gun on the courtyard of Oottikkalayil house situated at V.K.Para in Thannithodu ward and thus, committed the offence stated above.