SHRAVAN NATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent of parties, heard finally.

(2.) The petitioner has preferred this petition against the concurrent finding of conviction of the petitioner under section 25(1-B) (A) of the Arms Act for having in his possession local made 12 bore fire arm and a live cartridge. He has been awarded 1 year RI with fine of Rs. 500/- by the learned Judicial Magistrate First Class, Depalpur, Indore in criminal appeal no.1159/2013 vide judgment dated 21.02018. The Learned 11th Additional Sessions Judge, Indore, vide order dated 21.05.2018 passed in criminal case no.80/2018 has confirmed the order of the learned Trial Court.

(3.) Short facts of the case are that on 16.10.2013, Assistant Sub-inspector of police station Betma was on law and order and patrolling in the area. He received a secret information that a persons is having a fire arm in his possession and going to sale it to someone. He immediately requested to passerby Radheshyam and Mangilal to be the witnesses of the action taken by the police and reached on the spot pointed out by the informer. He saw a person whose behavior was abnormal. After seeing the force he tried to escape but the police surrounded him and took him in custody. On search, a fire arm and a catridge was found in his possession for which he was not having any license. He was taken into custody on the spot. A Panchnama was prepared then and there. The fire arm was also sealed there. He was taken to the police station where criminal case no.372/2013 was registered by scribing FIR Exb.P/7. The fire arm was sent to the armorer, who after examining the same, opined that it was in operational condition and submitted its report Exb.P/5. The police then proceeded for obtaining prosecution sanction from the District Magistrate who after perusal of diary and examining the fire arm granted sanction, thereafter, the charge sheet was filed which ended in the conviction of the appellant as stated above.