SHAKIR ALIAS GOVINDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant being aggrieved by the judgment dated 29-1-2004 passed by the learned Additional Sessions Judge, Indore in Criminal Appeal No. 15/2004 confirming the judgment of conviction and sentence dated 19-12-2003 passed by the learned Judicial Magistrate First Class, Indore in Criminal Case no. 623/2003 convicting the applicant under Section 25 (1-B) (b) of the Arms act and sentencing him to undergo RI for 1 year and pay fine of Rs. 500/-; in default of payment of fine, to undergo RI for 1 month, has filed this revision petition.

(2.) THE prosecution case, in brief, is that Sub Inspector Bishan Singh chouhan (P. W. 1) on 18-6-2003 at about 10. 35 p. m. while was patrolling the area, received the information from the informer that the present applicant was standing in front of Machhi Bazar pub area with a knife. Immediately thereafter bishan Singh Chouhan reached the spot. The accused, seeing them coming, wanted to run away from the spot, but was apprehended. In presence of the witnesses, seizure memo was prepared, knife was recovered and seized, the accused was taken into custody and was brought to the Police Station. After coming back to the Police Station, First Information Report was registered. After recording the statement of witnesses and collecting the material to connect the applicant with the offence so charged, the prosecution filed the charge-sheet. The accused denied commission of the offence, therefore, was subjected to the trial. On conclusion of the trial, learned Trial Court convicted and sentenced the accused as referred to above and as his appeal proved futile, the applicant has filed this revision petition.

(3.) APART from raising question on the merits of the matter, Mr. Rathore, learned Counsel for the applicant, after taking this Court through section 25 (1-B) (b) and Section 4 of the Arms Act, 1959, submitted that a person can be convicted under Section 25 (1-B) (b) of the Arms Act only if such person acquires, has in his possession or carries in any place specified by notification under Section 4 any arms of such class or description as has been specified in that notification in contravention of Section 4 and as in this case, notification issued under Section 4 of the Arms Act, has not been produced or proved before the Courts below, the applicant could not be convicted under section 25 (1-B) (b) of the Arms Act.