CHERIVE MUNASWANY Vs. STATE

JUDGEMENT

(1.) This is a Criminal Revision Case is filed on behalf of the petitioner, who was the appellant, questioning the judgment, dtd. 8/8/2008 in Criminal Appeal No.71 of 2006, on the file of the III Additional Sessions Judge, Tirupati, where under the learned III Additional Sessions Judge, Tirupati, confirmed the conviction and sentence imposed against the petitioner in C.C.No.227 of 2003, on the file of the Judicial Magistrate of First Class, Srikalahasthi, dtd. 22/3/2006.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

(3.) The case of the prosecution in brief according to the charge sheet filed by the State, represented by the SubInspector of Police, K.V.B. Puram Police Station, is as follows: On 22/9/2002 at about 1-00 P.M. the Sub-Inspector of Police and staff of K.V.B. Puram Police Station, were conducting combing operation against the naxlities movement towards east side on forest area, near Brahmanalpalli Harijanawada. While so, at about 4-00 P.M., the Sub-Inspector of Police and staff heard fire arm firing sound and then they searched the area and found the accused in possession of S.B.M.L. Gun. The SubInspector of Police under the cover of police proceedings, seized the said gun and arrested the accused and registered Crime No.41 of 2002 under Sec. 25 (1B)(a) of Arms Act and investigated into. During investigation, he forwarded the accused to the concerned Court for remand. On 7/10/2002 the un-licensed S.B.M.L. Gun was sent to F.S.L., Hyderabad, for examination through Additional Munsif Magistrate, Srikalahasthi. The Assistant Director, Forensic Science Laboratory, Hyderabad, examined the same and opined that Item No.1 is a country made S.B.M.L. Gun and it is working condition and it comes under the purview of the Arms Act. On 2/6/2003, the Collector and District Magistrate, Chittoor, issued sanction order to prosecute the accused. After completion of investigation, charge sheet is filed.