RAM KISHAN @ BHURIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY filing instant criminal revision the accused petitioner has challenged the judgment dated 11.9.2008 passed by Addl. Sessions Judge No. 3, Kota (for short 'the appellate court') in appeal No. 06/2007 by which he rejected the appeal filed by the accused petitioner and maintained the judgment dated 31.10.2006 passed by Addl. Chief Judicial Magistrate No. 5, Kota (for short 'the trial court') in case No. 440/2003.

(2.) BRIEF facts of the case are that on 29.3.2007 complainant Ram Kishan submitted a written report to this effect that petitioner was standing with sword out -side of his house and at that time he raised quarrel with some one. Upon this, two police personnels reached at Municipal Colony, Chhawani, Kota where the petitioner was found by the police party. As soon as petitioner saw the police persons, he started running away. He was caught and warned to stand. Thereafter the independent witnesses were searched but nobody became ready to become independent witness. Certain other facts were also mentioned.

(3.) THE police after investigation submitted challan against the accused petitioner for the offence under Section 4/25 of the N.D.P.S Act.