RAJU Vs. STATE REPRESENTED BY PUBLIC PROSECUTOR

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under section 27 of the Arms Act in C.C.1485/2001 of the Additional Chief Judicial Magistrate Court, Ernakulam. He faced prosecution in the court below on the allegation that at about 10.30 a.m. on 29.5.2001, he was found armed with a sword at the R.C.M.Hospital, Tripunithura. On the basis of information received from the hospital, the Sub Inspector of Hill Palace reached the spot, seized the sword and arrested the accused. After investigation, the police submitted final report in court.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against him under section 27 of the Arms Act. The prosecution examined five witnesses and proved Ext.P1 document in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for three months.

(3.) Aggrieved by the judgment of conviction dated 16.4.2005, the accused approached the Court of Session, Ernakulam with Crl.A. No.360/2005. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Ernakulam confirmed the conviction and sentence, and accordingly, dismissed the appeal.