STATE OF MAHARASHTRA Vs. SANTAPPA MOTHER KASAWWA METRI

JUDGEMENT

(1.) The accused Santappa was charged before the learned Civil Judge and Judicial Magistrate, First Class, Mudhol, with having committed an offence under Section 19(f), Indian Arms Act. The learned trial Magistrate acquitted the accused. Against that order of acquittal the State of Bombay has preferred an appeal to this Court.

(2.) It was the case for the prosecution that on 29-5-1953, Sub-Inspector Hasabi went to the village of Belagali with the Sub-Divisional Officer, Bagalkot, in connection with investigation into an offence of a dacoity. The Police desired to search the house of Santappa and be was accordingly called and questioned regarding the offence of dacoity under investigation. In the course of the enquiry the accused volunteered to produce a pistol which, he stated, he had hidden in his house. The police officers accompanied by the accused and the Panchas, went to the house of Santappa at about 5 P. M. on 295- 1953. In the presence of the panchas and the police officers, Santappa produced a pistol from the roof of his house stating that he had kept it there. Santappa had no licence to possess any fire arms. Accordingly he was charge-sheeted for having committed an offence under Section 19(f), Indian Arms Act.

(3.) At the trial the prosecution examined two Panchas Sadashiv Bhaskar Sutar and Balappa Gurappa Dhaduti. The prosecution also examined Sub-Inspector Hasabi. The panchnama made at the time of attachment of the pistol was also duly proved.