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2005 Supreme(Ker) 58

M.SASIDHARAN NAMBIAR
Pola Sreedharan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Accused in C.C.809/99 on the file of Judicial First Class Magistrate, Taliparamba are the revision petitioners. Prosecution case against the petitioners was that on 10-6-1997 at about 1-30 p.m. petitioners were proceeding in autorikshaw, KL 13B 6492 from Taliparamba side and first petitioner was driving the autorikshaw and they were carrying a licenced gun as well as an unauthorised country gun when they were arrested and guns were seized by the Police. After obtaining the sanction from the District Collector, they were charge sheeted before the learned Magistrate. The learned Magistrate framed charge for the offences under Section 12 read with Section 25 (IB) (g) of Arms Act, hereinafter referred to as the Act. They pleaded not guilty. Prosecution examined 9 witnesses and marked six exhibits. Petitioners were questioned under Section 313 of Cr.P.C. and arguments were heard. The learned Magistrate then found that the petitioners were not properly charged for the offences in view of the amendment to the Arms Act. Thereafter charge was altered. After the alteration of the charge, petitioners 1 and 2 were charged for the offence punishable under Section 25 (IB) (g) read wi





















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