KHILLAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has preferred this revision under section 397 of CrPC being aggrieved by the judgment dated 31.7.2003 passed by the Sessions judge, Vidisha, in Criminal Appeal No. 110/2002, whereby affirmed the judgement of conviction and sentence dated 21.11.2002 passed by the JMFC, Vidisha, in Criminal Case No. 149/2002, wherein the applicant has been found guilty under section 25(l)(a) of the Arms Act and sentenced to one year R.I. with a fine of Rs. 500/- and in default of payment of fine, further ordered to suffer imprisonment for one month.

(2.) The brief facts of the case are that on 21.11.95 P.P. Gautam, Sub- Inspector of police posted at Police Station, Dehat, Vidisha, received secret information that the applicant was standing in suspicious position near Kua Khedi Barrier. On this information P.P. Gautam, Sub-Inspector together with other police force reached at Kua Khedi Barrier, caught the applicant/accused, made a search before the independent witness and seized a 32 bore country- made pistol with three cartridges as per seizure memo (Ex.p-1), which was found in the possession of the applicant. Thereafter, he (P.P. Gautam) returned back to the police station and registered a case under section 25 of the Arms Act against the applicant. Thereafter, the applicant was arrested, the seized fire arm was sent for mechanical examination to the DRP line Vidisha and the sanction to prosecute the applicant was obtained from the District Magistrate, Vidisha, as per the provisions of section 39 of the Arms Act and after investigation, the chargesheet was filed.

(3.) The applicant/accused abjured the guilt and his defence is of false implication. The learned trial Court after due appreciation of the entire evidence on record by impugned judgement dated 21st November, 2002 held the application/accused guilty for the offence punishable under section 25(1 )(a) of the Arms Act and sentenced him as stated hereinabove, aggrieved by which the applicant has preferred Criminal Appeal No. 110/2002 which is decided by the Session Judge, Vidisha by judgment dated 31.7.2003, by which the appeal was dismissed and judgment of conviction and sentence passed by the Trial Court was affirmed, hence, this revision petition on behalf of the applicant.