MURAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Murad has filed this revision petition against the conviction under section 25, Arms Act. He was convicted by the Chief Judicial Magistrate, Jaisalmer and this conviction has been confirmed by the Additional Sessions Judge No. 2, Jodhpur so far as the offence of Sec. 25, Arms Act is concerned and he has been sentenced to three months rigorous imprisonment and a fine of Rs, 100.00. The prosecution case is that on 2-5-74 Superintendent of Police of Jaisalmer informed the S.H.O., Jaisalmer that in village Dabri that few Pakistan smugglers have come. The accused along with others was seen running from the village but the police party chased and arrested them. In all 4 persons were arrested out of which 8 cartridges were found from the possession of the petitioner.

(2.) After presenting of the challan two accused Ibrahim and Gena absconded. Murad and Hanif faced trial for an offence u/s 13 (2) of the Foreigners Act and 23 of Arms Act. The conviction u/s 13 (2) by the Chief Judicial Magistrate, Jaisalmer was set aside in appeal but the conviction of Murad u/s 25 of Arms Act has been confirmed.

(3.) Mr. Choudhari the learned counsel for the petitioner has argued that the prosecution case is demolished by its own witnesses. He pointed out that the two witnesses PW 4 Sultan Singh and PW 6 Shivdan Singh produced by the prosecution themselves clearly and categorically states in the examination in chief itself that no cartridges were found at the time of recovery from Murad although some other material like blades etc., were found.