AMIR KHAN Vs. STATE

JUDGEMENT

(1.) This is an application in revision against an order of the Sessions Judge of Mirzapur dismissing an appeal of the applicant against an order of the Judicial Officer of Mirzapuc convicting the applicant Under Section 19(f), Arms Act and sentencing him to undergo three months' rigorous imprisonment.

(2.) The prosecution case was that on 25th November 1947, at about 2 P. M. on a search of of the house of the applicant in the city of Mirzapur, a spearhead was recovered from his possession. Admittedly the applicant had no licence for possessing the spearhead. He was, therefore, prosecuted Under Section 19(f), Arms Act. The only defence raised by him was that the spearhead, Ex. 1, which was recovered from his possession was not an arm within the meaning of Section 4, Arms Act. The Magistrate considered that it was an arm within the meaning of the Act and convicted him as aforesaid. In appeal several other points were raised, All his contentions were, however, overruled and the order of the Magistrate was confirmed.

(3.) The position under the Indian Arms Act read with the Indian Arms Rules, 1924, as made by the Central Government, and for the time being without considering the notification of the U. P. Government of 1946, is as follows: