PAPPU @ SARFARAZ KHAN Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under section 25 (1-B) (b) of Arms Act vide judgment dated 9.2.1999 passed by the Additional Chief Judicial Magistrate, Jabalpur in criminal case No.1293/1998 and sentenced for 2 years' rigorous imprisonment with fine of Rs.500/-. In criminal appeal No.18/1999, the learned Third Additional Sessions Judge, Jabalpur vide judgment dated 5.4.1999 partly allowed the appeal. Conviction was maintained but, sentence was reduced to the period of 3 months' rigorous imprisonment, whereas, no change in fine amount was made by the appellate Court. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) The prosecution's case, in short, is that, on 6.8.1992, an intimation was received to the Police Station Hanumantal that the applicant was quarreling with some persons and therefore, ASI Shri K.K.Shukla (P.W.4) went to the spot and the applicant was arrested in presence of Krishna Kumar (P.W.1), Nasir Khan (P.W.2) and Imtiyaz Ahmed (P.W.3). On his search, a Kasai knife was found with the applicant. Blade of the knife was 10.5 inches long and the total length of knife was 15 inches. It was 1.75 inches broad. The knife was seized by seizure memo, Ex.P/1. The applicant was arrested and a case was prepared. After due investigation, charge-sheet was filed before the trial Court.

(3.) The applicant abjured his guilt. He did not take any specific plea in the case and therefore, no defence evidence was adduced.