DILIP RAJPUT Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2012-11-5
HIGH COURT OF MADHYA PRADESH
Decided on November 05,2012

Dilip Rajput Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

- (1.)THE appellant has preferred this appeal against the judgment dated 26.4.2011 passed by the 10th Additional Sessions Judge, Jabalpur in S.T. No.510/10, whereby the appellant was convicted for the offence punishable under Section 25 of the Arms Act and sentenced for five years' R.I. with fine of Rs.500/- and in default of payment of fine, one month's R.I. was directed.
(2.)THE prosecution's case, in short is that, on 7.6.2010 Sub- Inspector Nalin Budholiya of Police Station Lordganj, Jabalpur found the appellant Dilip Rajput alongwith other accused persons near a ground of Sanjay Nagar, Jabalpur having a sword with him. A case for the offence punishable under Sections 399 and 402 of IPC was registered. After due investigation, a charge sheet was filed before the C.J.M. Jabalpur, who committed the case to the Sessions Court, Jabalpur and ultimately it was transferred to the 10th Additional Sessions Judge, Jabalpur.
The appellant abjured his guilt. He did not take any specific plea but he has submitted that he was falsely implicated in the matter. No defence evidence was adduced.

(3.)THE learned 10th Additional Sessions Judge after considering the prosecution's evidence acquitted the appellant from the charges of the offences punishable under Sections 399 & 402 of IPC, but convicted him for the offence punishable under Section 25 of the Arms Act and sentenced as mentioned above.


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