EMPEROR Vs. SATTEGOWDA SATGOWDA PATIL

JUDGEMENT

(1.) The opponent is one of the founders and promoters of a gymnasium class started in Sankeshwar in July 1928. It is admitted that he either brought or ordered from Poona four spears and one dagger for the purposes of the gymnasium: class where exercises with spears and daggars were being practised. Two of these spears had brass heads and the dagger also was of brass. The other two spears had iron heads.

(2.) The opponent was prosecuted, before the Sub-Divisional Magistrate, First Class, Belgaum, for offences under Clauses (d), (e) and (f) of Section 19 of the Indian Arms Act in respect of these five articles. The Magistrate held that the two braes spears and the brass dagger were not capable of inflicting injuries and were not arms within the meaning of Section 4 of the Indian Arms Act, 1878. He held, however, that the two iron spears were dangerous weapons and could inflict injuries on human beings and cattle. He convicted the opponent in respect of the two iron spears of offences under Clauses. (d), (e) and (f) of Section 19, and imposed a fine of Rs. 20 for each of the three offences, i.e., in all Rs. 60.

(3.) The opponent preferred an appeal to the Sessions Judge of Belgaum against his conviction and sentences. Before the Sessions Judge it was conceded by the prosecution that the conviction of the opponent under Clauses (d) and (f) of Section 19 could not be sustained. With regard to the conviction under Clause (e) of Section 19 the Sessions Judge was of opinion that the two iron spears came under the category of theatrical property and were therefore, exempt from the prohibitions in the Indian Anna Act, including those contained in Section 13. He, therefore, reversed the conviction and sentences of the opponent. The Government of Bombay have appealed to this Court against the Sessions Judge's order of acquittal.