VIJAY SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under sec. 397 read with Sec. 401 of Cr.P.C has been preferred by the applicant assailing the appeal judgment dtd. 10/1/2023 passed by IInd Addl. Sessions Judge to the Court of Ist Addl. Sessions Judge, Tikamgarh in Cr.A.No.74/2022 (Vijay singh v. state of M.P.) whereby applicant's conviction for commission of offence under Sec. 25(1-b)(a) of Arms Act and sentence of 1 year RI with fine of Rs.500.00 with default stipulation by the learned JMFC, Tikamgarh vide judgment of conviction and order of sentence dtd. 27/4/2022 passed in Criminal Case No.15202274/2014, has been affirmed.

(2.) As per the prosecution story on 5/11/2014 Sub Inspector Mansharam Bagen of P.S. Mohangarh during his beat visit received secret information that vijay singh s/o Govind singh armed with illegal country made pistol at village Jagatnagar is threatening to public at large. At this, he alongwith witnesses and police force reached on the spot encircled and apprehended accused vijay Singh. In search, one 12 bore country made pistol alongwith one 12 bore live cartridge was seized from shirt and pant worn by him. He was asked to produce the license for possessing the same but he could not produce any license. The aforesaid country made pistol Article A-1 and live cartridges Article A-2 were seized and sealed before the witnesses in presence of the applicant-accused. Seizure memo (Ex.P/1) was prepared. Accused was arrested and arrest memo (Ex.P/2) was prepared. After returning to police station, F.I.R (Ex.P/8) was registered at entry No.194/2014. After investigation charge sheet was filed.

(3.) Learned trial court framed the charges against the applicant/accused for commission of offence under Sec. 25(1-b) (a) of the Arms Act. Accused abjured the guilt and claimed to be tried.