(1.) The instant revision has been preferred against order of conviction and sentence dated 1st March, 1986 passed by learned Addl. Sessions Judge, Rampur, in Criminal Appeal No. 110 of 1985 Bachan Singh Vs. State of U.P. Whereby the appeal was dismissed and order of conviction and sentence passed by the learned Special Judicial Magistrate, No. 2 Rampur on 31st July, 1985 was affirmed By order dated 31st July, 1985 the learned Special Judicial Magistrate, Rampur had acquitted the revisionist under Sec. 60/62 Excise 'Act, but passed order of conviction under Sec. 25 Arms Act and sentence the revisionist to undergo one year R.I. and also to pay a fine of Rs. 200/ and on default of fine to undergo imprisonment for one month more.
(2.) List is revised none is present for the revisionist. Heard Sri Sumeshwari Prasad learned A.GA. and have gone through the record.
(3.) The fact in brief is that on 17th Oct, 1983 at 5.40 p.m. S.I R.B. Sharma alongwith Constable Tejpal and Constable Thakur Dass arrested accused-revisionist Bachan Singh on the bank of river between village between Tamra and Chandan, illicit liquor, country made pistol and two cartridges were recovered from the possession of the revisionist-accused. Charge sheet was submitted under Sec. 60/62 Excise Ad and under Sec. 25 of Arms Act.