DILEEP Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionist and Sri Dharmendra Singh, learned AGA for the State.

(2.) The present revision has been preferred against the judgment dated 14.07.2004 passed by learned Additional District and Sessions Judge, Court no. 32, Barabanki in Criminal Appeal No.-46 of 2003; Dilip Vs. State of U.P. as well as the judgment and order dated 24.09.2003 passed by the learned Trial Court which had convicted the accused under Sections 25/27 of the Arms Act, 1959 with one year imprisonment and fine to the tune of Rs. 1,000.

(3.) The case set forth by the prosecution is that on 12.08.1995, a minor boy Jitendra Kumar aged about 14 years had come to the house of Smt. Dropadi and returned back on 108.1995. On 15.08.1995 at about 9 A.M, it was noticed that the licensed pistol of Smt. Dropadi was missing. Suspicion was raised on Sri Jitendra Kumar of having taken the same. Upon reaching the house of Jitendra, it was informed by Jitendra that Dilip, the revisionist herein, had taken the pistol from Jitendra on 12.08.1995 itself when both of them had gone to the village. For this purpose, Dilip had promised to give Rs. 20,000/- to Jitendra. Upon a complaint, the police arrested Jitendra and Dilip and questioned them. Dilip indicated that he had taken the weapon and had hidden it at and upon his pointing out the place, the weapon was recovered.