VINOD KUMAR SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Vinod Kumar Shukla has been convicted under S. 25(1)(a) of the Arms Act, 1959 for unlawful possession of a firearm and a cartridge and sentenced to rigorous imprisonment for three years and to a fine of Rs. 10,000/-.

(2.) The prosecution case relevant for the decision of this appeal is that on 14-6-1993 at 2-40 p.m. Virendra Pratap Singh (P.W. 8), Sub-Inspector of Police recovered a country made pistol (Katta) and a cartridge from appellant Vinod Kumar Shukla on his personal search near the bridge of the Karkeli railway station. This firearm and the cartridge were seized from him as per seizure memo Ex. P-4 in the presence of two witnesses Santosh Kumar and Ramswaroop (P.W. 5). The sanction for prosecution of the appellant was granted by the District Magistrate, Shahdol by order dated 14-9-1993 Ex. P-8 as required by S. 39 of the Arms Act.

(3.) The accused pleaded not guilty. He has denied the recovery of the Katta and a cartridge from his possession.