- (1.)The appellant is challenging in this appeal under Section 374(2) of the Code of Criminal Procedure, his conviction and the sentence awarded to him for the offence punishable under Section 25(1)(b) of the Arms Act by Additional Sessions Judge, Chhatarpur, vide impugned judgment and order dated 17-3-90 in Sessions Trial No. 200/89. A sentence of 1-1/2 years' R.I. and fine of Rs. 500/-, in default 3 months' R.I. was imposed on the appellant by the trial Court.
(2.)Facts necessary for disposal of the present appeal are that the appellant was prosecuted for the offences punishable under Section 302 of Indian Penal Code and Sections 25 and 27 of Arms Act on the allegations that on 15-7-89 at about 2.30 p.m. in village Panagar he fired a pistol to deceased Bhuri Kori when he was watching the movie in Jitendra Video Hall. On 19-7-89, appellant was arrested by P.W. 9, A. K. Jharkhedia, the Investigating Officer as per Ex. P. 11 and one 12 bore Katta (country made pistol) and 12 bore one cartridge were seized from his possession seizure memo Ex. P. 10.
(3.)The prosecution failed to connect the appellant with the murder, hence learned trial Judge acquitted him of the offence punishable under Section 302 of Indian Penal Code. The learned trial Judge also acquitted him of the offence punishable under Section 27 of the Arms Act on the finding that there was no intention for using the Katta for any illegal act but held the appellant guilty for the offence under Section 25(1)(b) of the Arms Act and convicted and sentenced him as mentioned above.