STATE OF KERALA Vs. P THOMAS

JUDGEMENT

(1.) This appeal is filed by the State against the order passed by the Sessions Judge of Kozhikode acquitting the accused who had been convicted by the Dist. Magistrate of Kozhikode for an offence under S.19(f) of the Indian Arms Act.

(2.) On 16-1-60 Pw-1 a Headconstable attached to Kodancherry police outpost proceeded for a prohibition raid. He searched the house of the accused and from inside the house an unlicensed gun M.O. 1 was recovered. Pw. 2 was present at the time of the search and recovery and has attested Ex. P-1. The Sub Inspector after obtaining sanction from the Addl. Dist. Magistrate launched the prosecution against the accused.

(3.) The learned Dist. Magistrate accepted the evidence of Pw-1 regarding the recovery of the unlicensed gun and convicted the accused. In appeal the learned Sessions Judge was not prepared to accept the uncorroborated testimony of the Headconstable, Pw-2 having turned hostile. The learned Judge found that the prosecution had not succeeded in proving that the accused had in his possession or under his control M.O. 1. He also held that sanction for the prosecution was not given by a competent authority as contemplated under S.29 of the Arms Act and that the trial was hence bad. The conclusions of the learned Sessions Judge on both these points have been challenged in this appeal.