Chandra Prakash, J. - (1.) THIS is an application in revision against the order dt. 16 -8 -1971 of Sri Kishun Lal, I Temp. Civil and Sessions Judge, Deoria, dismissing the Appellant's appeal.
(2.) THE prosecution story in brief, was as follows: Chokat and Buddhoo were cousin brothers and plot No. 331 lying in village Jarha jointly belonged to them. They had privately partitioned this plot. Each of them got half share in it. Mst. Sampatia is the daughter of Chokat aforesaid. Buddhoo transferred his share in the plot to Jhakari and Sukhari and they intended to take possession over the entire plot. Mst. Sampatia, daughter of Chokat, had been in possession over the share of her father. She had grown sugarcane crop in it at the time of incident. There was thus a dispute between Sukhari and Jhakari on the one hand and Smt. Sampatia on the other. On 27 -12 -1969 Jhakari and Sukhari with the help of Moti Chand Applicant and others began to plough the plot of Smt. Sampatia. Smt. Sampatia protested but the Applicant and his companions got ready to beat her. She, therefore, sent information to the SO, PS Nebua Naurangia. The SO Rameshwar Pathak (PW 4) went to the place of incident and arrested Jhakari, Jamuna, Sheo Bachan, Sheo Locan and Applicant Moti Chand Under Section 151 Code of criminal Procedure. On search of the Applicant's person the Investigating Officer recovered the country made pistol Ex. 1 and the cartridges Exs. 2 to 4 from the possession of the Applicant. He registered a case against the Applicant and challaned him Under Section 25 of the Indian Arms Act. The Applicant pleaded not guilty. He denied the recovery of country made pistol Ex. 1 and cartridges Exs. 2 to 4 from his possession.
(3.) THE prosecution examined four witnesses in support of its case including two of the recovery. The Applicant produced no defence. The learned Magistrate who tried the case, after considering the entire evidence on record found the Applicant guilty Under Section 25 of the Indian Arms Act and sentenced him to six months' R.I.;