LAWS(ORI)-1996-8-9

DAUDA SANA MAJHI Vs. STATE OF ORISSA

Decided On August 20, 1996
DAUDA SANA MAJHI Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) -The petitioner having been convicted under section 25 (1-B)(a), of the Arms Act. 1959 (in short the Act) and sentenced to undergo imprisonment for one year and to pay a fine of Rs.100/-in default to undergo rigorous imprisonment for one month more and the conviction and sentence having been confirmed in appeal has invoked the revisional jurisdiction of this Court for redressal of his grievance.

(2.) In a nut-shell the prosecution case is that on 8-12-1987 at 8 a.m. the O.I.C. of Kotagarh Police Station alongwith his staff conducted raid in village Padalpadar and recovered one country made S.N.M.L. gun from the house of the accused. On demand the accused could not produce any licence to justify his possession of the gun and accordingly an FIR was drawn up under section 25 (a) of the Act for unlawful possession of the gun in question and ultimately charge-sheet was submitted. Subsequently, the accused faced trial for the offence under section 25(1-B)(a) of the Act.

(3.) The plea of the accused the present petitioner was one of complete denial.