BALBIR SINGH Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The instant revision petition is directed against the judgment dated 03.09.2010 passed by the learned Principal Sessions Judge, Kathua (hereinafter referred to as the Appellate Court?), whereby the judgment of conviction and sentence dated 05.04.2007 passed by the Chief Judicial Magistrate, Kathua (hereinafter referred to as the Trial Court?) against the petitioner herein, has been upheld. Before coming to the instant revision petition, let me give a brief background of the facts leading to the filing of this petition.

(2.) Police Station, Kathua registered FIR bearing No.29/1994 for offence under Sections 4/25 Arms Act on the basis of a report submitted by the police party that was on patrolling duty on the said date. As per the FIR, on the said date while the police party was on patrolling duty, they found petitioner herein moving in suspicious circumstances and upon his personal search he was found to be in possession of a khokhri?, a sharp edged weapon. The weapon in question was seized by the police and the petitioner was taken into custody. The investigation was set into motion and after completion of the investigation, challan came to be filed against the petitioner herein before the Trial Court.

(3.) Charge for offence under Sections 4/25 Arms Act was framed against the petitioner and he was put to trial. After trial of the case and after hearing the accused and the prosecution, learned Trial Court, on the basis of the evidence on record, found that the charge for offence under Sections 4/25 Arms Act stands established against the petitioner and he was, accordingly, in terms of judgment dated 05.04.2007 passed by the learned Trial Court, convicted for offence under Sections 4/25 Arms Act and sentenced to undergo simple imprisonment for a period two years and to pay a fine of Rs.2000/-.