DEEPAK SAINI Vs. STATE OF M.P.
HIGH COURT OF MADHYA PRADESH (AT: GWALIOR)
STATE OF M.P.
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(1.) The applicant was convicted for offence punishable under Section 25(1-B)(b) of the Arms Act vide judgment dated 26.10.2016 passed by the Judicial Magistrate Class II, Bhopal, in Criminal Case No.14430 of 2015 and sentenced for one year rigorous imprisonment with fine of Rs.100/-. In Criminal Appeal No.935 of 2016 the learned Addl. Sessions Judge, Bhopal, vide judgment dated 30.8.2018 confirmed the conviction as well as the sentence directed by the trial Court. Being aggrieved with aforesaid judgments, the applicant has preferred the present revision.
(2.) The prosecution's case in short is that, on 25.12.2005 ASI, Mahesh Gautam (PW3) who was posted at Police Station Gautam Nagar, had received an intimation from an Informer to the effect that the applicant wearing Black Jeans, Grey sweater and Blue cap, having a knife with him is standing near Raj Rajeshwari Mandir with the intention to commit some offence, and, therefore, Shri Gautam went to the spot, i.e. Raj Rajeshwari Mandir along with two witness Shankarlal Rajani and Amit Kuchbandhiya, along with Police Force including the Constable Vinod Yadav (PW4). On seeing the police, the applicant tried to flee however; Shri Gautam along with police constable chased him and caught him. On enquiry, he told his name as Deepak Saini, s/o Narayan, aged 23 years. On his search, a knife, 18" in length, was found on the left side of waist under his sweater. On asking about the licence, he refused the same. The weapon was seized in and seizure memo, Ex.P/1, was prepared. By the arrest memo Ex.P/2 the applicant was arrested and First Information Report vide crime No.527/2015 was registered at Police Station Gautam Nagar, District Bhopal, Ex.P/5. During investigation, statements of witnesses were recorded. After investigation, charge sheet was filed before the competent Court.
(3.) The learned JMFC, Bhopal, framed the charges against the applicant for the offence under section 25(1-B)(B) of the Arms Act. The applicant abjured his guilt. He has stated that he was falsely implicated in the matter but, no defence evidence was adduced.;
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