RAM PRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Accused Ram Prakash has filed this revision challenging appellate judgment of the Court of Session Morena affirming his conviction under Section 25(1-B) of the Arms Act, 1959 and reducing the sentence from 6 months' simple imprisonment and fine of Rs. 500/- imposed by the Magistrate, to a simple fine of Rs. 500/-, in default to simple imprisonment for 1 month.

(2.) The prosecution story shortly stated was that on 3-11-1988 at about 7 p.m., Head Constable Birendra Singh (PW 3), while on town patrolling received information that one Ram Prakash had stabbed one Pritam on Station-Road in Morena Town. When he, accompanied with another Head Constable Moharman Lal Sharma (P.W. 4), reached Station Road, it was found that Pritam had left for lodging a report at the Police Station. Accused Ram Prakash was however found on the road. He was found to have tied a knife to his waist. That knife was seized from him. It had a blade of the length of 12" inclusive of the handle. Accused Ram Prakash had no licence to carry it. The accused had therefore committed an offence punishable under Section 25(1-B) of the Arms Act, 1959.

(3.) Making his first submission in support of the revision, Shri B. N. Kulshreshtha, learned counsel for the accused/applicant submitted that the alleged knife seized from the accused was not of the specified description needing a licence, described in Government Notification issued under Section 4 of the Arms Act, 1959. The case property knife, it was pointed out, on being inspected in this Court, was found to be a knife without any spring and having a blade 8 1/2" in length and 1.2" in width. It was urged that since the width of the blade was less than 2", the knife in question did not come within the category of arms of specified description and therefore, did not require any licence. It was necessary that the blade of the knife should have had not only length of more than 6" but also width of more than 2" to be an arm of specified description given in the notification.