NAWAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has been convicted of offence under Section 25(1-B)(b) of the Arms Act and sentenced to one year's S.I. with fine of Rs.400/- vide judgment dated 12.3.2009 passed by the J.M.F.C. Burhanpur in Criminal Case No.366/2008. In Criminal Appeal No.281/2009, vide judgment dated 11.2.2015 confirmed the conviction as well as sentence. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) The prosecution's case, in short is that, Assistant Sub-Inspector Shri R.D. Goyal (PW-3) was posted at Police Station, Nepanagar. On 13.2.2008 at about 2:30 p.m., in the noon, he found the applicant having a dagger in his possession at bus stand of village Tandil, Police Station Nepanagar. Sharp portion of the dagger was 10.5 inches long and total length of dagger was 14.75 inches. A seizure memo Ex.P/1 was prepared and the applicant was arrested. A case was registered at Police Station, Nepanagar by the document Ex.P/3. After due investigation, the charge sheet was filed.

(3.) The applicant abjured his guilt. He did not take any specific plea in the case, but he has stated that due to enmity with Sangeeta Bai (PW-1) and Narendra (PW-2), he was falsely implicated in the matter, however no defence evidence was adduced.