MAJBOOT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present revision petition under Sec. 397 and 401 of Cr.P.C. is preferred by the petitioner against the judgment of conviction and order of sentence dtd. 8/3/2022 passed by the Second Additional Sessions Judge, Ambah District Morena in Criminal Appeal No.199/2018 confirming the judgment of conviction passed by learned Judicial Magistrate First Class, Ambah District Morena in Criminal Case No.1064/2008 whereby petitioner has been convicted as under: <FRM>JUDGEMENT_31_LAWS(MPH)9_2022_1.html</FRM>

(2.) Precisely stated facts of the case are that on 8/9/2008 when ASI Rajendra Singh (PW-2) along with other police personnel were checking the vehicles at Ater Tiraha, Mandi Road, at that time, due to said check post, driver of one blue colour platina motorcycle bearing registration No.MP06 M 6648 tried to ran away. He was stopped and on asking, he told his name Majboot Singh and further when he was checked, from his possession one loaded Katta was recovered for which he was not having any licence. Majboot Singh -petitioner was arrested on the spot and Katta along with one live cartridge and motorcycle bearing registration No.MP06 M 6648 were seized vide seizure memo Ex-P/1 and FIR Ex-P/3 was registered against the petitioner at Crime No.213/2008 for offence under Ss. 25/27 of Arms Act. Matter was investigated and challan was filed in the matter under Ss. 25/27 of Arms Act.

(3.) Before the trial Court -Judicial Magistrate First Class, Ambah, district Morena, petitioner abjured his guilt and prayed for trial. Prosecution examined 5 witnesses in support of its case and in defence, accused/petitioner himself has been examined under Sec. 313 of Cr.P.C. After recording of evidence ocular as well as documentary and hearing the submission of counsel for the parties, the trial Court convicted and sentenced the petitioner as referred above.