- (1.)THE applicant was convicted for offence punishable under Section 25(1 -B)(a) of the Arms Act and sentenced with one year simple imprisonment with fine of Rs.200/ - vide judgment dated 24.6.2009 in Criminal Case No.1474/2007 passed by the learned JMFC, Panna. In Criminal Appeal No.95/2009 the learned Sessions Judge, Panna vide judgment dated 20.1.2010 dismissed the appeal. Being aggrieved with the aforesaid judgments the applicant has preferred the present revision.
(2.)THE facts of the case in short are that on 29.1.2004 SHO, Police Station Devendra Nagar Shri A. K. Shrivastava (PW5) was informed that the applicant was moving in Devendra Nagar with a firearm and therefore, he went to the spot along with the witnesses and head Constable Ram Lakhan, Head Constable Parmatma Singh, Constables Chandra Shekhar and Rajendra Sharma. On taking search of the applicant, one hand made pistol of 12 bore was found with the applicant along with two live cartridges. Those articles were seized vide seizure memo Ex.P/5. The applicant was arrested and a case was registered. The seized property was sent for its examination to the Reserve Inspector. Head Constable Deedar Khan (PW4) examined the firearm and the cartridges at Police Line, Panna being Armor and thereafter, gave his report Ex.P/6. He found that it was a hand made pistol in working condition and there were two live cartridges. Thereafter, a prosecution sanction Ex.P/5 was received from the District Magistrate and a charge sheet was filed.
(3.)THE applicant abjured his guilt. He did not take any specific plea in the case and therefore, no defence evidence was adduced. The learned JMFC after considering the evidence adduced by the prosecution convicted and sentenced the applicant as mentioned above whereas the appeal filed by the appellant was dismissed.
I have heard the learned counsel for the parites.