AJAY 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 crestfallen by the judgment dtd. 4/2/2019, passed by the learned III Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore in Cr.A. No.42/2018, affirming the judgment dtd. 9/3/2018, passed by learned Judicial Magistrate First Class, Dr. Ambedkar Nagar, District Indore in Criminal Case No.743/2007, whereby the petitioner has been convicted for the offence under Sec. 25 (1-B)(A) 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 Kishanganj Puliya, one person who was standing on the spot and caught hold him. On search, one pistol and four rounds was found from his possession. He showed his inability to produce the license. Accordingly case was registered. After investigation chargesheet was filed.

(3.) In order to bring home the charges, the prosecution has examined total 08 witnesses namely Malsingh, Head Constable (PW-1), Ramesh (PW-2), Vijay Khare, Reader (PW-3), Mulayamsingh, ASI (PW-4), R.K. Mithoriya, ASI (PW-5), Suresh Singh, Head Constable (P.W.-6), Komal Singh Jadon, DSP (PW-7) and Irfan Ali, Retd. Head Constable (PW-8). No defence witness has been adduced by the petitioner in his defence.