GHANSHYAM Vs. STATE OF MP

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16th June, 2007 passed by Third Additional Sessions Judge, Fast Track, Guna (MP) in Criminal Appeal No. 260/2007, whereby the judgment dated 19.4.2007 passed by Judicial Magistrate First Class, Radhogarh, District Guna in Criminal Case No. 229/2007 has been confirmed and the applicant has been convicted for the offence under Section 25 (1-B) of Arms Act and sentenced to one year's rigorous imprisonment with fine of Rs. 500.00 with default stipulation.

(2.) Briefly stated the facts are that on 9.3.2007 an information was received at police station Vijaypur that one person is standing having sword near Koluadhoom. On this information, Constable Babu Singh (PW-1) along with Rakesh, Bablu (PW-2) and Munshi Bheel reached on the given spot where he found the applicant-accused with sword without any licence. Thereafter, the accused was arrested, arrest memo (Ex.P/2) was prepared, seizure memo (Ex.P/1) was prepared with regard to sword and after taking the accused to the police station, FIR (Ex.P/4) was registered at Crime No. 25/2007 and after due investigation, charge sheet was filed against the accused before the JMFC Radhogarh for the offence punishable under Sec. 25(1-b) of the Arms Act.

(3.) The charge was framed against the applicant for the said offence. The trial Court after conclusion of evidence pronounced the judgment dated 19.4.2007 in Criminal Case No.229/2007 and concluded that the applicant is guilty of committing offences punishable under Sec. 25(1-b) of the Arms Act and pronounced the sentence of one year RI with a fine of Rs. 500.00 with default stipulation. Being aggrieved, the applicant preferred criminal appeal, which was dismissed by Third Additional Sessions Judge, Fast Track, Guna vide judgment dated 16.6.2007 and conviction and sentence of the applicant under Sec. 25(1-b) of the Arms Act, awarded by the trial Court, was confirmed. Hence, this revision application.