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DEEPAK KUMAR TIWARI
Sarad Sahu S/o Bhuneswar Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. This criminal revision has been preferred by the applicant invoking revisional jurisdiction of this Court under Sections 397 and 401 of the Cr.P.C. challenging the judgment of conviction and order of sentence dated 26.3.2013 passed by the learned Additional Sessions Judge, Kabirdham (Kawardha) Chhattisgarh in Criminal Appeal No. 36/2012, whereby, the appellant has been convicted under Section 25 (1B) (a) of the Arms Act and sentenced to undergo of RI for 1 year and pay fine of Rs.1000/- in default of payment of fine to undergo additional imprisonment of three months.
2. Facts of the case are that on a secret information received on 17.8.2009 that the applicant, with an intention to sell Katta and cartridges, was roaming around his shop, the Police conducted a raid and caught the applicant and from the left side of his waist, one Katta (country made pistol), which was fixed to his belt, was recovered, and from his pocket, two cartridges were recovered. On enquiry, it was found that the applicant was not having valid license nor he was having any other documents in this regard. The applicant was arrested and Katta and the cartridges were seized vide Seizure Memo - Ex-P/1 and
The conviction was overturned due to unreliable evidence and procedural irregularities in the search and seizure process, leading to the acquittal of the petitioner.
Conviction under the Arms Act requires independent corroboration of evidence, especially from police witnesses; the prosecution must prove guilt beyond a reasonable doubt.
The prosecution must prove unlawful possession of firearms beyond reasonable doubt, and minor inconsistencies in witness testimonies do not undermine the case if the overall evidence is credible.
The significance of sealing the seized article on the spot and maintaining a clear chain of custody to prevent tampering and uphold the integrity of evidence.
The recovery of firearms from the petitioner's shop and the consistent evidence of official witnesses were crucial in upholding the conviction. Additionally, the court's consideration of the time ela....
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