AFSAR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted vide judgment dated 5.10.1998 by Judicial Magistrate First Class, Silwani, District Raisen in Criminal Case No.249/1993 for offences punishable under Section 25 and Section 27 of the Arms Act and sentenced for one years rigorous imprisonment for each count with fine of Rs.200.00. It was also directed that both the sentences shall run concurrently. In Criminal Appeal No.107/1998 the learned Additional Sessions Judge, Begumganj, District Raisen vide judgment dated 26.3.1999 partly accepted the appeal and the applicant was acquitted from the charge of offence punishable under Section 27 of the Arms Act but his conviction and sentence for offence punishable under Section 25 of the Arms Act was maintained. Being aggrieved with both the judgments the applicant has preferred the present revision.

(2.) THE prosecution's case in short is that, on 2.6.1993 Shri S. K. Maharwala (PW1) SHO, Police Station Bamhori had received an information that the applicant had a fire arm with him and therefore, he went to the spot in township of Bamhori along with the witnesses Mukhtar Ali (PW3) and Abrar Ali (PW2) a revolver type country made firearm was found with the applicant having 38 bore with six rounds. That firearm was seized and case was registered. It was sent for its examination to the Head Constable Armour. Shankar Rao (PW4) the Head Constable, Armour had examined the weapon and gave his report. Thereafter a sanction was obtained by the prosecution from the D.M, Raisen and a charge sheet was filed before the trial Court after due investigation.

(3.) THE learned Judicial Magistrate First Class, Silwani, District Raisen after considering the evidence adduced by the parties convicted the applicant for offences punishable under Sections 25 and 27 of the Arms Act and sentenced as mentioned above. In Criminal Appeal No.107/1998 the learned Additional Sessions Judge, Begumganj acquitted the applicant from the charge for offence punishable under Section 27 of the Arms Act but maintained the conviction and sentence awarded by the trial Court for offence punishable under Section 25 of Arms Act.