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1975 Supreme(Bom) 130

B.A.MASODKAR
GULJARSING SONTOSHSING – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT -These three revisions can be disposed of by this common judgment.

2. All the three applicants are residents of village Pachori, taluq Burhanpur, district East Nimar of Madhya Pradesh State. They have been found guilty under section 3 read with section 25 (a) of the Arms Act, 1959 hereinafter called the Act, for having been found at village Ambaparwa possessing what is styled by the prosecution as revolver and certain ammunitions.

3. Briefly stated the facts are that P. S. I. Punjabrao was attached to Khamgaon Police Station. He had found Tarasing and Baryamsing having in possession of some hand-made pistols in October 1971 and pursuant to the information he proceeded to village Ambaparwa which is on the border of the two States, Maharashtra and Madhya Pradesh. He was accompanied bysombhaji andsomad, two police constables. Having got down at the Dak Bungalow at Ambaparwa, it is the case of the prosecution that constablesombhaji andsomad were sent to the village of the accused in Madhya Pradesh by crossing the border and they were asked to get the accused at Ambaparwa on the pretext that there were prospective purchasers for their pistols and ammunitions. A panch from villa





















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