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2015 Supreme(Ker) 1125

P.D.RAJAN
Damodaran – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sunny Mathew.
For the Respondents: Seena Ramakrishnan, Government Pleader.

ORDER :

P.D. Rajan, J.

1. The short question that arises for consideration is, whether non-sealing of the seized gun at the place of occurrence will affect the credibility of the seizure and there is possibility of tampering with the weapon seized? The revision petitioner, who is the appellant in Crl. Appeal 276/2004 on the file of the Additional Sessions Judge-III, Kozhikode, challenges the judgment of conviction under S. 3 r/w 25(1)(B)(a) of the Arms Act, 1959 (hereinafter referred to as 'the Act'). He was accused in C.C. 477/2001 of the Judicial First Class Magistrate-I, Perambra and convicted under S. 3 r/w 25(1-B) of the Arms Act and sentenced to undergo rigorous imprisonment for six months and fine of Rs. 5000/- in default of payment of fine, imprisonment for three months. Against that he preferred an appeal which was dismissed by the appellate court. Being aggrieved by that he preferred this Revision Petition.

2. The prosecution case is that on 14.03.2000 at 7.55 p.m., the revision petitioner was found in possession of 3 country guns in his house VIII/321 of Koorachundu Panchayat without licence. Accordingly, Koorachundu Police registered a case and after investigation, the Ass













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