JUDGEMENT
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(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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