MANOJ SHARMA @ CHIKNA Vs. STATE OF MADHYA PRADESH.

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Section 25(1-B)(b) read with Section 4 of the Arms Act vide judgment dated 8.8.2006 passed by the CJM Bhopal in Criminal Case No.7418/2004 and sentenced with one year's RI with fine of Rs.500/-. In Criminal Appeal No.203/2006 the learned Sessions Judge and Special Judge, Bhopal vide judgment dated 31.10.2006 dismissed the appeal in toto. Being aggrieved with both the judgments, the applicant has filed the present revision.

(2.) THE prosecution case, in short, is that on 9.9.2004 at about 3:00 PM the Head Constable Ram Prakash Singh (PW-2) and Head Constable Swaminath (PW-1) went on round. Near the Agrawal Dharamshal, Bhopal one boy ran away from the spot after seeing these two Head Constables, therefore he was chased and arrested. On his search a dagger was found with him having 7 inches blade, and therefore it was seized before the witnesses. Ultimately, a charge sheet was filed after due investigation.

(3.) THE learned CJM Bhopal after considering the prosecution evidence convicted and sentenced the applicant as mentioned above, whereas the appeal filed by the applicant was also dismissed in toto .