RAKESH DONGRE Vs. STATE OF M. P.

JUDGEMENT

(1.) The applicant has filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment dated 27/03/2019 passed in Criminal Appeal No.62/2018 by Sessions Judge, Seoni whereby affirming the conviction and sentence passed under Section 25(1B)(b) of Arms Act in Criminal Case No.1591/2012 by Chief Judicial Magistrate, Seoni.

(2.) The case of the prosecution against the applicant, in short, are that on 19/5/2012 A.S.I. S.S.l Bhardwaj (PW-1) who was posted at Police Station, Seoni at the relevant point of time got information that the applicant was having a knife and standing at Bus Stand, Seoni. S.S. Bhardwaj (PW-1) along with staff of Police Station went to the spot and caught hold the applicant and seized knife before Dinesh and Mohd. Wakeel Khan (PW-2). Knife was having 9 inch blade, 4.5 inch hilt and breadth of blade is 1.5 inch. On asking about the license, applicant was not having any license or valid authority for having knife. The Investigating Officer arrested the applicant and took him at Police Station where registered Crime No.308/2012 under Section 25 of the Arms Act lodged FIR (Ex.P/3). After investigation, charge sheet came to be filed before the trial Court for the offence punishable under Section 25(1B)(b) of the Arms Act. Learned CJM Court framed charge against the applicant who abjured his guilt and prayed for trial.

(3.) Prosecution recorded statement of two witnesses i.e. ASI S.S. Bhardwaj (PW-1) and Mohd. Wakeel Khan (PW-2) and closed the evidence. During examination of accused under Section 313 of Cr.P.C., the applicant has taken a defence that he had falsely been implicated in the matter and in support of his defence, the applicant did not examine any witness.