RAMESHCHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, filed under Sec. 374(2) of the Code of Criminal Procedure, 1973, against the judgment and order of conviction and sentence dated 24.06.2005 passed in Sessions Case No.109 of 2004 by the learned Additional Sessions Judge, Fast Track Court, Dahod, whereby the learned Sessions Judge was pleased to convict the appellant for the offence punishable under Sec. 25(1-B)(a) of the Arms Act and sentenced him to undergo simple imprisonment for a period of three months, and also imposed fine of Rs.5000.00, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of one year.

(2.) It is the case of the prosecution that on 21-209.2001, the complainant Shri J.N. Joshi, Senior Police Inspector, Dahod Rural Police Station, Dahod, Shri A.U. Garasiya, Senior Police Inspector and Shri Mohandas Kalidas, Unarmed Head Constable, Buckle No.1516, Shri Somsinh Ramsinh, Police Constable, Buckle No.1212 and Shri Mansukhbhai Ramsinh, Unarmed Head Constable, Buckle No.770 and other police personnel in charge of night patrolling between 23:00 p.m. and 5:00 a.m. It is further alleged in the complaint that on 209.2001, one Santro Car was coming from Indore at 4:15 a.m. which was stopped by the police personnel and made the search in the said Santro Car where they found one country made revolver and 6 live/workable kartoos under the seat of driver of said Santro Car. It is further alleged that upon inquiry, the driver informed his named as Rameshbhai Dahyabhai Chauhan, resident of Devadivansol, Taluka: Mahemdabad, District: Kheda. The said Santro Car was of white colour and its front and rear number plates were indicating the number GJ-1- BK-8526. The so called country made revolver was lying in one polythene bag and it was manufactured by hand made and the so called country made revolver was covered with wooden handle and there was no any brand displayed upon the so called country made revolver. The so called country made revolver and Kartoos would be worth of Rs.15,000.00 and Rs.10.00 of each Kartoos and therefore, its total value would be Rs.15,060.00 and the same was seized by the patrolling police party.

(3.) Thereafter, the complaint was filed, which was registered as II-C.R.No.84 of 2001 before the Dahod Rural Police Station for the offence punishable under Sec. 25(1-B)(a) of the Arms Act. Thereafter, investigation was carried out and statements of the witnesses were recorded. After collecting sufficient evidence by the Investigating Agency, charge-sheet was filed before the learned Judicial Magistrate First Class, Dahod, which was numbered as Sessions Case No.113 of 2002. As the said case was exclusively triable by the Court of Sessions, learned Chief Judicial Magistrate, Dahod, committed the case to learned Additional Sessions Judge, Dahod under Sec. 209 of the Criminal Procedure Code, which was thereafter, numbered as Sessions Case No.109 of 2004.