NANHEY Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order dated 19-9-1973 confirming the conviction and sentence recorded against the applicant under Section 25 Arms Act,

(2.) BRIEFLY put the prosecution case is that on 6-8-72, at about 10 A. M. , constable Vidya Ram was on patrol duty in the company of some other constables and when he reached near the Mandai of Thakur Ji in village Changsi, he saw the applicant sitting under a Pipal tree, After seeing the police party he got nervous, and immediately tried to leave the place. He was asked to stop, but instead of stopping, he started running. The police party chased him and with the help of some witnesses succeeded in catching him, He was none other than the applicant of this case, He was searched and a country-made gun and two live cartridges were recovered from his possession. These articles were sealed at the spot. The applicant was thereafter taken to Thana where a case was registered against him under Section 25, Arms Act. The usual investigation followed and eventually he was sent up to stand his trial under Section 25, Arms Act,

(3.) THE applicant pleaded not guilty and attributed his false Implication due to enmity and village Party-bandi.