SAMRATH MADHURIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 2-5-2003 pased by learned Fourth Additional Sessions Judge, Ratlam in Criminal Appeal No. 191/2002.

(2.) BRIEFLY stated, the facts giving rise to this revision are that Police, Ratlam filed a charge sheet against the appellants and one other accused person Bhagirath s/o Munnalal under Section 5/25 (1) (a), Arms Act, where upon a criminal case was registered against the said persons. Bhagirath died during the pendency of the trial, therefore, applicants alone were tried by the Trial Magistrate for the commission of the offence punishable under Section 25 (1) (a) of Arms Act and after trial, they were convicted for the commission of the above said offence and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 250/- each vide judgment and order passed by learned Judicial Magistrate First Class, Ratlam in Criminal Case No. 185/2002 on 14-11-2002. Feeling aggrieved by the above said order of conviction and sentence, applicants preferred an appeal, which was rejected by the learned Fourth Additional Sessions Judge, Ratlam vide the impugned judgment and order. Hence, the applicants have filed this revision petition.

(3.) PROSECUTION's case is that Prem Singh Solanki (P. W. 3) was posted as Station House Officer of Police Station Industrial Area, Ratlam on 23-7-1999. On that day, he was informed that Bhagirath was illegally selling swords out side his house. On receiving the information, Prem Singh Solanki (P. W. 3) reached on the spot with police force and witnesses Saleem and Kishan and a raid was made and Bhagirath and applicants were caught on the spot selling and manufacturing swords and knives illegally. They did not produce any licence for selling and manufacturing the arms. Applicants and Bhagirath were arrested by the Police and incriminating articles were seized. An offence under Section 5/25 (1) (a), Arms Act was registered by the Police and after due investigation, charge-sheet was filed.