RAMGOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of CrPC has been filed against the judgment dated 31st January, 2011 passed by Additional Judge to the Court of Fourth Additional Sessions Judge (Fast Track), Guna in Criminal Appeal No.155/2010,thereby confirming the judgment dated 06/04/2010, passed by JMFC, Guna in Criminal Case No.185/2009, by which the applicant has been convicted under Section 25(1-B)(a) of Arms Act and has been sentenced to undergo the rigorous imprisonment of one year and fine of Rs. 200/- with default stipulation.

(2.) The necessary facts for the disposal of the present revision in short are that on 14/12/2008, ASI Ashok Singh Tomar (PW5) was posted as SHO Police Station Dharnawada. He received an information from an informer that the applicant on whom a reward of Rs. 5,000/- was declared, is hiding near a Nala passing through Village Bilakhedi and is having a 12 bore country-made pistol. The SDO(P), Raghogarh, ASI Laurence Khes (PW6), ASI Naval Singh Chaudhary, Constable Ashok Raghuvanshi (PW2), Constable Durgaprasad and other members of the police party went to the village and searched for the applicant and found that the applicant was there along with a double barrel hatched gun. After noticing the police, the applicant tried to run away, however, he was apprehended with the help of police force. The applicant was found in possession of one double barrel hatched gun. On personal search, one loaded 12 bore country-made pistol was also found in his possession. One live cartridge, eight hatched explosives and bullets were found from his possession. ASI Ashok Singh Tomar (PW5) asked for licence to possess the same but the applicant could not produce the licence. Accordingly, the firearms were sized vide seizure memo Ex.P1. The applicant was arrested by arrest memo Ex.P2. On the spot itself, Dehati Nalishi Ex.P7 was recorded by ASI Ashok Singh Tomar (PW5) and firearms and cartridges were sent for ballistic report and the offence bearing Crime No.283/2008 was registered.

(3.) The police after concluding the investigation, filed the charge sheet against the applicant for offence under Section 25/27 of Arms Act.