VIKAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONER has filed this revision petition under Section 397 of Cr.P.C. against the judgment dated 10/11/2011 passed in Criminal Appeal No. 527/2011 by learned Third Additional Sessions Judge (FTC) Dabra, District Gwalior confirming the judgment dated 5/9/2011 passed in Criminal Case No. 1624/2004 by JMFC, Dabra; whereby, petitioner has been convicted for the offence punishable under Section 25(1 -b)(a) of the Arms Act and sentenced to under go RI for three years with fine of Rs. 1,000/ - with default stipulation. The brief facts of the case are that on 23/2/2002, SHO, Dabra on an information regarding arrival of criminal of Chaddi Baniyan Gang, while checking the persons passing Maal Godam area of Dabra when two persons tried to escape from the spot, the police has caught them and on search, 6 cartridges of 38 bore revolver were seized from the petitioner for which he was not having any licence. After registering FIR, petitioner was tried by learned trial Court for the offence punishable under Section 25(1 -b)(a) of the Arms Act and convicted as mentioned para 1 of the order. Learned lower appellate Court by the impugned judgment has also confirmed the judgment passed by learned trial Court, hence this revision petition on the ground that learned trial Court is not justified in convicted the petitioner as the evidence of independent witnesses is not corroborating with the evidence of seizure made by police authorities. Further the evidence of police personnel is contradictory and there is no evidence that seized articles were sent for sanction to District Magistrate.

(2.) THE main question for consideration in this revision petition is whether both the Court below are justified in law in convicting the petitioner ?

(3.) LEARNED counsel for the petitioner submitted that Panch witnesses to Ex. P/1 and P/2 namely Shahzad Khan (PW/1) and Hoshiyaar Singh (PW/2) have turned hostile as they have not confirmed any seizure from the petitioner. Another independent witness Mehboob Ahmad Khan (PW/6) has also turned hostile.