TANMANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Sec. 397 and 401 of Cr.P.C. has been filed by the petitioner being disgruntled by the judgment dtd. 7/11/2019, passed by the learned II Additional Sessions Judge, District Badwani in Cr.A. No.83/2019, affirming the judgment dtd. 30/7/2019, passed by learned Judicial Magistrate First Class, District Badwani in Criminal Case No.827/2015, whereby the petitioner has been convicted for the offence under Sec. 25 (1-B)(A) read with Sec. 3 of the Arms Act, 1959, sentenced to undergo one year R.I. with fine of Rs.500.00 and usual default stipulation.

(2.) As per prosecution story, police received secret information that one person is carrying illegal weapons. Upon the said information, police party reached to Sulabh Complex, one person who was standing on the spot and caught hold him. On search, two pistols was found from his possession. He showed his inability to produce the license. Accordingly case was registered. After investigation charge-sheet was filed.

(3.) In order to bring home the charges, the prosecution has examined total 06 witnesses namely Mukesh Chouhan, Assistant Grade-II, Collectrate Office (PW-1), Bilu @ Veeru (PW-2), Rahul Rayakwar, Sub-Inspector (PW-3), Suresh Patidar, Head Constable (PW-4), Mukesh Panwar, Constable (PW-5) and Onkar (PW-6). No defence witness has been adduced by the petitioner in his defence.