MANGILAL Vs. STATE OF M.P

JUDGEMENT

(1.) THIS is an application under section 397 read with section 401 of the Code of Criminal Procedure filed by the accused-applicant being aggrieved of the judgment passed by learned Second Additional Sessions Judge, Ratlam in Criminal Appeal No. 184/2001 on 18.10.2001 whereby it confirmed the conviction passed by Judicial Magistrate, First Class. Ratlam in Criminal Case No. 180/1999 vide judgment dated 26.7.2001 sentencing him under section 25 (1b) (b) of the Arms Act for a period of 1 year SI and fine of Rs.100/- with a direction that in the event of non- payment of fine, he would suffer 15 days further SI.

(2.) ON 2.3.1999 at about 4 O'clock in the evening Head Constable Devendra Singh (PW 3) during his round relating to Holy duty discovered that the applicant was wielding a sword in a public place without having any lawful authority for its possession. Accordingly the said sword was seized by Devendra Singh vide Ex. P-1 in the presence of PW 1 Gopal and PW 2 Ambaram. The applicant was arrested by him vide Ex. P-2. The sword Article "A" measured 35 inches in length. Accordingly when Devendra Singh reached the concerned Police Station along with the accused-applicant, reduced FIR Ex. P-5 to writing, conducted investigation and on completion thereof sent the police report to the trial Court. The applicant pleaded not guilty. The trial was accordingly held and at the conclusion of the trial, the learned Trial Magistrate held the accused guilty and sentenced him as stated earlier. The applicant went in appeal but lost. Hence this revision.

(3.) IN view of the above matter the learned Courts below have overlooked the above fact and, therefore, the accused-applicant has been held guilty and convicted not in accordance with law. The findings recorded by the Courts below are liable to be interfered with. This revision is accordingly allowed. The impugned conviction and sentence are set-aside. The accused-applicant is acquitted of the charge of section 25 (1b) (b) of the Arms Act. He is on bail. His bail is discharged.