LAWS(MPH)-2014-5-192

ANIL Vs. STATE OF MADHYA PRADESH

Decided On May 05, 2014
ANIL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) VIDE judgment dated 16.4.2013 passed by the learned Special Railway Magistrate, Khandwa in criminal case No. 1/2013, the applicant was convicted for offence punishable under Section 25(1 -B)(a) of Arms Act and sentenced with rigorous imprisonment for 18 months with fine of Rs. 150/ -. In criminal appeal No. 128/2013, the learned Sessions Judge, Khandwa vide judgment dated 25.5.2013 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) THE prosecution's case, in short, is that, on 10.11.2012, the applicant was found in front of gate of Police Station G.R.P. Khandwa. When he was called by Head Constable Shrilal Padariya then, the applicant hesitated to answer the call. On search, 5 country made pistols were found in the bag of the applicant and therefore, after due investigation, a charge -sheet was filed.

(3.) AFTER considering the prosecution's evidence, the learned Special Railway Magistrate convicted and sentenced the applicant as mentioned above, whereas appeal filed by the applicant was dismissed in toto.