Decided on November 27,1970

Lal Singh Kabui Appellant
The State Of Assam Respondents


M.C. Pathak, J. - (1.) THIS revision petition is directed against the order of conviction and sentence passed against the accused -petitioner Under Section 25(1)(a) of the Arms Act, 1959.
(2.) THE prosecution case is that on 2 -9 -66 at about 8.30 P. M. the accused was found by the Assistant Sub -Inspector of Police of the Badarpur G. R. P. S. and some Excise constables, sitting on a bench in the third class waiting shed of the Badarpur Railway Station. On suspicion his luggages were searched and nothing was found. Then his person was searched and from the pocket of his trousers five live cartridges fitted to a charger of 303 rifle were recovered. The accused could not furnish any satisfactory explanation about the possession of the same. The Assistant Sub -Inspector of Police submitted an offence report to the Officer -in -charge of Badarpur G. R. P. S. After investigation charge sheet Under Section 25(1)(a) of the Arms Act was submitted against the accused -petitioner. Charge Under Section 25(1)(a) of the Arms Act was framed against him to which he pleaded not guilty. The defence case was that the cartridges were not found with him. He alleged that the police personnel demanded sum of Rs. 500/ - from him as he happened to be a Naga and when he refused to pay the same, the case had been instituted falsely against him. No defence witness was examined. The prosecution examined five witnesses including the Investigating Officer.
(3.) ON consideration of the evidence on record the learned Magistrate found the charge proved against the accused -petitioner and convicted him Under Section 25(1)(a) of the Arms Act and sentenced him to suffer rigorous imprisonment for one year only. An appeal was preferred before the learned Sessions Judge who upheld the conviction but reduced the sentence to rigorous imprisonment for three months only. Hence this revision petition.;

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