KALEBABU Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been filed assailing the order dated 6.8.2003 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. 8.2.1994, 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 ASI Shri Ramsharan Soni PW 4 alongwith 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 Arms Act. The trial Court examined five witnesses and recorded their statements.

(3.) THE trial Court on considering the evidence on record came to a conclusion that the petitioner accused was guilty as charged and sentenced him with punishment of one year's rigorious imprisonment without fine. On being aggrieved, the petitioner accused filed an appeal before the appellate Court where the appellate Court also upheld the conviction and sentence and hence, the present revision.