NARAIN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant revision has been preferred against the order of conviction and sentence dated 2nd May, 1986 passed by the learned 1st Add. Sessions Judge, Etawah in Criminal Appeal No. 81 of 1984 whereby the appeal was dismissed and conviction and sentence dated 26th June, 1984 passed by the learned Magistrate was affirmed by order dated 26th June, 1984 the learned judicial Magistrate II, Etawah has passed order in Criminal Case No. 69 of 1983 that the charge under Sec. 25 of Arms Act was proved against Narain Singh and a sentence of six month R.I. was imposed under Sec. 25 Arms Act.

(2.) List is revised none is present of the revisionist.

(3.) Heard Sri S.A. Murtaza learned A.G.A for the State and have gone through the record. A perusal of the record shows the according to the prosecution S.I. Surendra Singh alongwith S.I. Alakh Narain and Constable Khusi Ram and Constable Bhawani Deen was in patrol duty on 12th June, 1982 when they reached on culvert of village Gapkapura on Chimkuni road within the territory of P.S. Achhalda, district Etawah they saw revisionist seeing the Police party he tried to run at about 4.15 p.m. but the police party was successful in apprehending him and on search one country made pistol and two live cartridges of 12 bore were recovered from his possession of which he could not produce any licence. He told himself to be Narain Singh son of Bahadur Singh of village Uraig, P.S. Bakewar, district Etawah. Recovery memo was prepared on the spot and after investigation the charge-sheet was submitted.