RAM BHAJAN ALIAS MANTOLI Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of CrPC has been filed against the judgment and sentence dated 11/04/2012, passed by Second Additional Sessions Judge, Jaura, District Morena in Criminal Appeal No. 179/2011, thereby affirming the judgment and sentence dated 22/11/2011, passed by Additional Chief Judicial Magistrate, Jaura, District Morena in Criminal Case No. 1122/2006, by which the applicant has been convicted under Section 25(1-A) of the Arms Act and sentenced to undergo the rigorous imprisonment of one year and fine of Rs. 500/- with default imprisonment.

(2.) The necessary facts for the disposal of the present revision in short are that on 06/09/2006, at about 09:30 the Head Constable Mahendra Singh was on patrolling. On the information given by an informer, the Head Constable Mahendra Singh reached on the spot and found that one person was standing and after noticing the police party, he tried to run away. With the help of staff, he was apprehended and on his personal search, a 315 bore country-made pistol along with one live cartridge was found from his possession and he could not produce any licence to hold the firearm. The firearm was seized and seizure memo was prepared on the spot itself. The applicant was arrested. The statements of witnesses were recorded and after completing the investigation, the police filed the charge sheet for offence under Section 25(1-A) of the Arms Act.

(3.) The trial Court by order dated 22/01/2007, framed the charge under Sections 25 and 27 of the Arms Act.