KALEBABU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision has been filed assailing the order dated 06-08-03 passed by the 11th Additional Sessions Judge, Indore in Criminal Appeal No. 311/02 convicting the accused under Section 25 (1 - B) (b) of the Arms Act and upholding the sentence of one year rigorous imprisonment passed by the Trial Court.

(2.) BRIEF facts of the prosecution case are that on the date of incident i. e. , 08-02-94, an information was received at police station, Tukoganj that opposite Disneyland, Indore at around 2. 10 p. m. accused Kalebabu was roaming around with an open spring knife and scaring passers-by, whereupon A. S. I. Shri ramsharan Soni (P. W. 4) along with task force who were on the beat in the said vicinity went to the spot and found the accused wielding a spring knife without licence which was contrary to the notification issued by the State Government under Section 4 of the Arms Act and consequently, the officer proceeded to arrest the accused and the offence was registered under Section 25 (1-B) (b) of the Anns Act. The Trial Court examined five witnesses and recorded their statements.

(3.) THE accused abjured his guilt and stated that he was falsely implicated in the matter. The petitioner accused however, did not examine any witness in his defence.