VEER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present criminal revision under Sections 397 / 401 of Cr.P.C. is being preferred by the petitioner against the order dated 07.02.2020 passed by 1st Additional Sessions Judge, District Ashoknagar in Criminal Appeal No.139/2016 while confirming the order dated 03.11.2016 passed in Case No.1810/2012 by Judicial Magistrate First Class, Ashoknagar, whereby petitioner has been convicted for the offence under Section 25(1) (1B-A) of the Indian Arms Act and sentenced to undergo one year RI with fine of Rs.1000/- with default stipulation.

(2.) As per the case of prosecution, a report was lodged by the complainant with the allegation that after getting information from the informer, complainant Police Officer reached at the informed place, there found one person coming through motorcycle bearing registration No.MP 33 MF 2088 and when he was stopped and searched, one country made gun 315 bore (dVVk) was found alongwith live cartridges. He was asked to show the license, but he denied of the possession. Thereafter, he was arrested and country made gun (dVVk) and motorcycle were seized.

(3.) Case was registered against the accused person vide Crime No.323/2012 for the offence under Section 25(1) (1 B-A) of the Arms Act . After completion of investigation, charge-sheet was submitted before the Judicial Magistrate First Class, where accused abjured his guilt.