K.P.JYOTHINDRANATH
JINU – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – Respondent
The challenge is against the concurrent findings of guilt by the courts below. This revision petition is preferred against the judgment of conviction in C.C. No. 894/2001 on the files of the Judicial First Class Magistrate's Court-I, Kochi which was confirmed in Criminal Appeal No. 820/2003 on the files of the Additional Sessions Court (Adhoc-I), Ernakulam. The conviction was under Section 27 of the Arms Act. Sentence was to undergo rigorous imprisonment for two years.
2. The prosecution case is as follows:-
On 06.07.2001 at about 10.30 pm, the accused was found threatening the public by showing a sword at Maruvakkadu - Velankanni Church and thereby committed the offence. Before the trial court, prosecution examined 6 witnesses and Exts.P1 and P2 were marked and MOI sword was identified. After appreciating the evidence, the trial court convicted the accused and sentenced as stated above. The appeal preferred by the appellant was also not successful. Hence the revision petition.
3. The point canvassed before me by the learned counsel for the revision petitioner is that whether brandishing a sword can be considered as an offence inviting conviction under Section 27 of the Arms Ac
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