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1988 Supreme(All) 633

G.B.SINGH
MAHADEO – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.S.CHAUDHARY

G. B. SINGH, J.

( 1 ) THIS criminal revision is directed against the conviction and sentence of the revisionist under S. 25 Arms Act. The case of the prosecution was that on 27-2-1979 at about 5. 30 p. m. in village Gouhania, Police Station Mahrajganj, District Faizabad. S. I. Ram Narain Shukla (P. W. 1) apprehended Mahadeo revisionist and recovered one country made pistol and two live cartridges without any licence from his possession. A Fard about the recovery was prepared and First Information Report was lodged at the Police Station, Mahrajganj on the same day at 7-50 p. m. After investigation sanction for prosecution was obtained from the District Magistrate, Faizabad. The revisionist was thereafter prosecuted for the offence under S. 25 Arms Act. On behalf of the prosecution two witnesses S. I. Ram Narain Shukla (P. W. 1) and Constable Ram Komal Yadav (P. W. 2) were examined as eye-witnesses of the recovery. S. O. Kripa Shanker Sachan (P. W. 3) investigated the case and obtained sanction. The revisionist denied the recovery and pleaded his false implication on account of enmity. Learned Magistrate believed the prosecution case and convicted the revisionist under S. 25, Arms Act










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