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2023 Supreme(Chh) 438

DEEPAK KUMAR TIWARI
Sarad Sahu S/o Bhuneswar Sahu – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ravindra Sharma.
For the Respondent: Vinod Tekam.

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

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