- (1.) HEARD learned counsel for the accused-petitioner as well as learned Public Prosecutor appearing on behalf of the respondent-State .
(2.) THIS revision petition under Section 397(401) Cr.P.C. has been filed against the judgment and order dated 06.03.2013 passed by Additional Session Judge, No. 1, Kota(Rajasthan)(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 07/2013, whereby the Appellate Court dismissed the appeal filed by the accused-petitioner and upheld the judgment of conviction and order of sentence dated 04.02.2013 passed by learned Judicial Magistrate, First Class, No. 1(North), Kota(hereinafter referred to as 'the Trial Court') against the accused-petitioner in Criminal Case No. 241/2007, whereby, the learned Trial Court convicted and sentenced the accused-petitioner under Section 4/25 Arms Act to undergo six months simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo one month's simple imprisonment. The concise facts of the case are that on 14.11.2007 Raghuraj Singh Head Constable Police Station Kaithoon submitted a report stating that during patrolling he received a secrete information that a person was standing with a Katar(Knife) at the hair cutting salon near bus stand Arampura. After reaching there, the petitioner was found and caught by the patrolling party. The Katar(Knife) was measured and found the sharp part 44 c.m. and the handle 11 c.m. The accused-petitioner was not having any license. The accused-petitioner was taken into custody. On the basis of this report, an FIR No. 257/2007 was registered at Police Station Kaithoon, Kota for offence under Section 4/25 Arms Act and investigation commenced in the matter. After due investigation, charge-sheet was filed against the accused-petitioner. Thereafter, the Trial Court framed charge against the accused-petitioner under Section 4/25 Arms Act. Accused-petitioner denied the allegation of commission of aforesaid offence against him, pleaded innocence and claimed trial.
(3.) PROSECUTION supported its case with the aid of 5 witnesses and exhibited 7 documents. In defence D.W. 1 Pappu was examined by the accused-petitioner. Statement of accused petitioner was recorded under Section 313 Cr.P.C., wherein he refused the prosecution allegations and pleaded innocence stating that he has been falsely implicated in this case.;