RAJU Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for offence punishable under Section 25(1-B)(a) of the Arms Act vide judgment dated 10.7.2008 passed by the JMFC, Damoh in Criminal Case No.1756 of 2008 and sentenced for three years rigorous imprisonment with fine of Rs.1000/-. In Criminal Appeal No.90 of 2007 the learned Sessions Judge, Damoh vide judgment dated 2.1.2009 confirmed the conviction as well as the sentence directed by the trial Court. Being aggrieved with aforesaid judgments, the applicant has preferred the present revision.

(2.) The prosecution's case in short is that, on 14.4.2004 ASI, R. K. Choubey (PW6) who was posted at outpost Narsinghgarh of the Police Station Damoh Dehat, had received an intimation that the applicant having a hand made pistol with him, threatening the public in general to recover some amount and therefore, Shri Choubey went to the spot which was the bus stand of the township of Narsinghgarh along with Police Force including the Constable Narayan Singh (PW3), Ram Shankar Mishra (PW5). Shri Choubey found the applicant at the bus stand holding a country made pistol in his hand and therefore, he called two witnesses Raju Vyas (PW1) and Vinod Kumar (PW2) from the public and seized a firearm along with one live cartridge. By the seizure memo Ex.P/1 the applicant was arrested and a case was registered at outpost Narsinghgarh thereafter, re-registered at Police Station Damoh Dehat. The firearm as well as cartridge was sent for their examination to the Armour. Virendra Singh (PW4), Constable Armour, examined the weapon and gave his report Ex.P/5. According to him the country made pistol was in a working condition and the cartridge was live. After getting a prosecution sanction from the District Magistrate a charge sheet was filed before the competent Court.

(3.) The applicant abjured his guilt. He has stated that he was falsely implicated in the matter but, no defence evidence was adduced.