The petitioner was tried for an offence under Section 25 of the Arms Act, 1959 (for short ‘the Act’) for having possession of a country made gun without any license. He pleaded not guilty and claimed to be tried. After trial, the trial Court convicted him for that offence and sentenced him to suffer rigorous imprisonment for six months and also to pay a fine of Rs.1,000/-, in default of payment of fine, to undergo simple imprisonment for 9 months. In appeal, the appellate Court confirmed the conviction and sentence.

In this revision, the only ground agitated before this Court by the learned Counsel for petitioner is that it is an admitted fact that the gun which was recovered from the petitioner, was not in working condition, therefore, even if it is believed that the accused was carrying the gun, he could not be convicted under the provisions of the Act. According to the judgment of the appellate Court, Ex.P-4 was the opinion of the expert, who had given an opinion that M.O.1, which was the country made SBML gun, was not in working order. He had further stated that if repaired, it could be brought into working order. Therefore, the trial Court and the appellate Court, o