VISHWANATH GAONKAR Vs. STATE THROUGH P.P.

JUDGEMENT

(1.) Heard Mr. Shet, learned Counsel appearing on behalf of the appellant and Mrs. Pinto, learned Additional Public Prosecutor appearing on behalf of the respondent.

(2.) This appeal is directed against the part of the judgment and order dated 27/04/2012 and sentence dated 30/04/2012 by which the present appellant came to be held guilty of the offence punishable under Section 3 read with Section 25 of the Arms Act, 1959 and ordered to undergo Rigorous Imprisonment for one year and to pay fine of Rs.5,000/- and in default, to undergo Rigorous Imprisonment for one month. The period of detention already undergone by the accused appellant was set off under Section 428 of Cr.P.C.

(3.) The appellant was accused no.1 in Sessions Case No. 17/2009 and he shall, hereinafter, be referred to as accused no.1. Accused no.1 along with accused no.2 namely Nandkishore Naik was charge sheeted by Churchorem Police Station before the learned Judicial Magistrate, First Class, Sanguem for offence punishable under Sections 304 and 201 of I.P.C. and Section 3 read with Section 25 of the Arms Act. Since the offence under Section 304 of I.P.C. was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court. After hearing arguments before charge, accused no.1 was charged for the offence punishable under Section 201 of I.P.C. and Section 3 read with Section 25 of the Arms Act.