LAL JI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE applicant was convicted by the trial Magistrate for an offence punishable under Section 25 of the Arms Act and sentenced to a fine of Rs. 100. It was ordered that in default of payment of fine he shall undergo rigorous imprisonment for a period of two months. In appeal the conviction was upheld and the sentence maintained. Aggrieved by his conviction and sentence the applicant has invoked the jurisdiction of this Court under Section 439 of the Code of Criminal Procedure. The prosecution case in brief was that on 26th August, 1969 at about 7 p. m. the convict applicant was found to be in possession of the 'karauli' haying a (blade of 19 cms. in length for which he (held no licence. Three witnesses were examined by the prosecution to establish the applicant's arrest and the recovery of an unlicensed Karauli from his possession.

(2.) THE applicant pleaded not guilty and claimed to have been falsely implicated on account of enmity with the police. He asserted that the witnesses examined: by the prosecution deposed against him on account of previous enmity with two-of his relations Dhanni and Ganpat. In his defence the applicant examined Sudarshan (D. W. 1) and Ganpat (D. W. 2 ).

(3.) ON a consideration of the evidence on record the two courts below have recorded concurrent findings regarding the guilt of the applicant and the testimony of the defence witnesses has been rejected. In exercise of my revisional jurisdiction I see no reason to interfere with the findings of fact recorded by the two courts below.