AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner was tried for offence under Sec. 4/25 of the Arms Act by learned Judicial Magistrate No 13, Jaipur City, Jaipur with the charge that on 2nd Oct., 1986 at 7.00 p.m. at Sangam Circle, Chandpol Bazar, Jaipur, he was checked by an A.S.I on patrolling duty and from his possession a knife was recovered, which was 29 cms. in length having the sharp edge of 13 cms. Prosecutions case was that Surajmal (P.W.3), ASI, Police Station Kotwali immediately arrested him at 7.00 p.m., made a seizure memo at 7.15 pm. and thereafter, lodged an FIR at 7.30 p.m. The seizure is alleged to have been in presence of two motbirs viz., Bhajan Lal (P.W.2) and Ganesh Narain, whose signatures are appended on Ex.P.3. Surajmal (P.W.3) himself completed the investigation and submitted a charge-sheet. Three witnesses were examined on behalf of the prosecution Jai Narain Singh (P.W. 1) is a Constable, who accompanied the A.S.I. on patrolling duty. Bhajan Lal (P.W.2) is one of the Motbirs who has been declared hostile and P.W. 3 is Surajmal, ASI, himself.

(2.) Learned trial Court relied upon the statement of Surajmal, corroborated by the recovery of knife and the statement of Jai Narain Singh and convicted the petitioner for offence under Sec 4/25 of the Arms Act and sentenced him to undergo six months' simple imprisonment and a fine of Rs. 200.00, in default of payment of fine to further undergo one months' simple imprisonment.

(3.) On an appeal by the accused, the learned Sessions Judge, Jaipur maintained the conviction but reduced the sentence to four months simple imprisonment and maintained the fine. Challenging the conviction and sentence, this revision petition has been filed.