GULABSINGH MITTHU TADVI Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition is directed against the appellate judgment and order dated 7-4-1984 passed by the Sessions Judge, West Nimar in Criminal Appeal no. 69 of 1983 whereby the petitioner's conviction under section 25 of the Arms Act 1959 and the sentence of six months R. I. passed thereunder by the learned trial magistrate in Criminal Case No. 242/81 have been maintained.

(2.) CIRCUMSTANCES giving rise to the revision are these. On 16-6-1981 Head constable, Subhash Patidar (P. W. 2) along with some constable was on the round of village Pikhar. On reaching the village they found a fire burning near a nala. When they reached the nala two or three persons took to their heels but the petitioner was apprehended. On his search being taken, he was found having a Deshi Tamancha in his dhoti. He had no licence for it and it was seized from him. Implements and materials for distilling liquor were also found there and they too were seized.

(3.) AT the conclusion of investigation the petitioner was separately prosecuted for the offence under section 34 of the M. P. Excise Act 1915 (vide Criminal Case No. 241/81 decided on 23-2-l982) and for the offence under section 25 of the Arms Act. (vide Criminal Case No. 242/81 ). The case under the Excise Ad/ended in acquittal of the petitioner.