KAMLESH Vs. STATE OF M.P

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 3.11.2003 passed by Additional Sessions Judge, Ganj Basoda in Criminal Appeal No. 85/03, whereby affirming the judgment dated 9th June 2003 passed by JMFC, Basoda in Criminal Case No. 65/01, the learned Judge has convicted the petitioner-accused under section 25 (1B) (b) of the Arms Act imposing punishment of one year's RI along with fine of Rs. 50, this revision has been preferred.

(2.) THE facts of the case, in brief, are that on 31st January, 2003, In-charge police station, Shamshabad, Shri S.N. Mukharjee took search of present petitioner and seized one spring actuated (khatkedar) knife having 4 inch long blade. Seizure memo was prepared. Petitioner was arrested vide arrest memo Ex. P-2. While returning at police station Shri Mukherjee lodged FIR, which was registered at Crime No. 62/01 for the aforesaid offence against the petitioner, and after completing rest of the investigation, filed the challan in the Court of learned Magistrate. The petitioner was tried and convicted as aforesaid by the learned Magistrate, which has been affirmed by the learned Judge vide impugned judgment, against which the present revision has been filed.

(3.) SHRI D.R. Sihare, PL for the State has also been heard. He has not denied this fact that seizure officer and investigation officer is the same person, but he has submitted that being a public officer, his testimony should be believed.