BAHADUR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for commission of offence under Section 25(1B)(a) read with Section 3 of the Arms Act vide judgment dated 5.6.2010 passed by the JMFC Niwadi (Shri Vikas Bhatele) in Criminal Case No.202/2008 and sentenced with one year's RI with fine of Rs.1000.00. In Criminal Appeal No.241/2010, the learned Additional Judge to the Court of Additional Sessions Judge, Tikamgarh vide judgment dated 10.7.2012 dismissed the appeal of the applicant in toto. Being aggrieved with the judgments of both the Courts belows, this criminal revision is preferred by the applicant.

(2.) PROSECUTION case, in short, is that on 23.5.2003 at about 4:00 PM Sub Inspector Shri B.B.Tiwari (PW-4) along with various police officials including the Head Constable Hiralal (PW-5) went on round in the territory of Police Station Sendri. Near Jhingha Nala road, he found the applicant, who was trying to hide himself. When search took place, one country made pistol of 12 bore was found with the applicant along with one live cartridge. Both the articles were seized and thereafter a case was registered against the applicant. The seized articles were sent for their examination to DRP Line Tikamgarh. The Constable Armor Abdul Jabbar (PW-2) examined the articles and found that the arm was found with the applicant was a firearm and the cartridge was a live one. He submitted his report Ex.P-3. The prosecution sanction was obtained from the District Magistrate and the charge sheet was filed before the trial Court.

(3.) THE trial Court after considering the evidence adduced by the prosecution convicted and sentenced the applicant in aforesaid manner. In appeal no relief could be granted to the applicant.