GUDDU MUSALMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner was convicted for the offence punishable under Sec. 25(1B)(b) of the Arms Act, 1959 vide judgment dtd. 27/11/2021 passed by Chief Judicial Magistrate, Shahdol in Criminal Case No.1795/2015 and awarded sentence of one year's rigorous imprisonment with fine of Rs.500.00 and in default thereof, to suffer one month's simple imprisonment. The appeal filed by the petitioner before Sessions Judge, Shahdol was dismissed vide order dtd. 6/4/2022 being barred by limitation. In the present revision, the petitioner has challenged both the judgment and order relating to his conviction.

(2.) Brief facts of the case are that on 11/9/2015 at 9.40 p.m., Head Constable Pratap Singh (PW2) received a credible information that one person armed with a Baka (a sharp cutting weapon) was threatening the passers-by near Purani Basti. Acting on this information, the police reached the spot along with witnesses and apprehended the petitioner along with the weapon. On being asked, the petitioner disclosed his name as Guddu Musalman @ Mohd. Sakeel. He was asked about the permission to possess the weapon but he could not produce the same, therefore, police seized the said weapon in presence of the witnesses. Accordingly, an FIR (Ex.P/5) bearing Crime No.517/2015 was registered against the petitioner at Police Station Shahdol for the offence under Sec. 25(2) of the Arms Act. After completion of the investigation, charge-sheet was filed before the Court of Chief Judicial Magistrate, Shahdol.

(3.) The trial Court framed the charge against the petitioner for the offence under Sec. 25(1B)(b) of the Arms Act. He denied the charge and claimed for trial. He did not take any specific plea in his defence and did not adduce any evidence in his defence.