JITIYA @ JITENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition has been filed under Section 397 r/w S.401 of the Cr.P.C. being aggrieved by the judgment dated 08.01.2013 passed by I Additional Sessions Judge, West Nimar, Mandleshwar in Criminal Appeal No.243/2012, whereby the petitioner was convicted for offence under Section 25 (1-b)(b) of Arms Act and sentenced to undergo one year R.I. which was reduced by six months with fine of Rs.300/-by JMFC West Nimar, Mandleshwar in Criminal Case No.139/2012.

(2.) BRIEF facts necessary for elucidation are that on 08.05.2011 at about 11:00 pm Head Constable P.W.4 Shivlal Kaner received information that one boy namely Jitiya @ Jitendra, (the present petitioner) was threatening the people by sharp edged weapon like knife (Chhura) and saying that why Sitaram had lodged the complaint against him so he warned the family Sitaram. However Shivlal with the help of the other villagers caught the present petitioner and seized a knife (chhura) from his possession. Thereafter, the FIR was lodged at Police Station Mandleshwar at Crime No.181/11 Section 25(1-b)(b) of Arms Act. Upon the complaint of the complainant case was registered against the petitioner. After framing of charge and recording of evidence, petitioner was convicted as stated above, hence the present revision.

(3.) COUNSEL prayed that the revision deserves to be allowed and the judgment of conviction deserves to be set- aside. In alternate Counsel has prayed that if the Court is satisfied regarding the conviction the custodial sentence be reduced to the period already undergone.