DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question that arises for consideration is, whether non-sealing of the seized gun at the place of occurrence will affect the credibility of the seizure and there is possibility of tampering with the weapon seized

(2.) The revision petitioner, who is the appellant in Crl. Appeal 276/2004 on the file of the Additional Sessions Judge-III, Kozhikode, challenges the judgment of conviction under Section 3 r/w 25(1)(B)(a) of the Arms Act, 1959 (hereinafter referred to as 'the Act'). He was accused in C.C.477/2001 of the Judicial First Class Magistrate-I, Perambra and convicted under Section 3 r/w 25(1-B) of the Arms Act and sentenced to undergo rigorous imprisonment for six months and fine of Rs.5000/- in default of payment of fine, imprisonment for three months. Against that he preferred an appeal which was dismissed by the appellate court. Being aggrieved by that he preferred this revision petition.

(3.) The prosecution case is that on 14.03.2000 at 7.55 pm, the revision petitioner was found in possession of 3 country guns in his house VIII/321 of Koorachundu panchayat without licence. Accordingly, Koorachundu Police registered a case and after investigation, the Assistant Sub Inspector of Police laid charge before Judicial First Class Magistrate-I, Perambra. To prove the offence, prosecution examined PW1 to PW12 and marked Exts.P1 to P5. MO1 series and MO2 were admitted as material objects. Ext.D1 was marked by the accused. The trial court after analysing the evidence, convicted the accused.