STATE Vs. JAGANNATH

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of the accused who was prosecuted under Section 19, Indian Arms Act for contravening the prohibition laid down by Section 13 of the Act.

(2.) The facts of the case are simple and are not disputed. The accused was seen carrying a muzzle loading gun in the bazaar of Bari town by Sub-Inspector Abdul Rashid on 2-5-1952. The Sub-Inspector asked him if he had a license and on his replying in the negative he took possession of the gun. On the butt of the gun there was a brass plate on which the following words were engraved: "Gwalior Police 802". The accused was challenged in the Court of the Extra Magistrate, Dholpur on the allegation that he was going armed without a license and had contravened the provisions of Section 13, Indian Arms Act and was, therefore, liable to punishment under Section 19(e) of the same Act.

(3.) The accused admitted the possession, of the gun but led defence to prove that he was a Chowkidar of village Janvoda in Madhya Bharat and the gun had been granted to him by Sub-Inspector, Police Station, Kalaras. D. W. 2 Kedarnath, Head Constable, Police Station, Kalaras proved with reference to the report; in the Police Roznamcha that the particular gun No. 802 was the property of the Madhya Bharat Government and had been given to the accused on 17-10-1950 for discharging the duties of a Chowkidar.