This appeal arises out of the Judgment and order dated 3rd October, 1968 passed by A. D. M. Budaun acquitting the respondent of an offence under Section 25, Arms Act.

The facts of the case can briefly be stated thus :-

On 31 March, 1968 near about 10 a.m. Ram Lal, Constable (P.W. 1), was on patrol duty in the locality know as Sarkari ganj, district Budaun. He received information through an informer that the appellant was coming from the side of the railway station and had a kripan in his possession for which he had no licence. Ram Lal, Constable, therefore, picked up Munne (P.W. 2) and Afzal (P.W. 3) and then proceeded towards the railway station. A little distance ahead they noticed the appellant coming from the side of railway station. On seeing the police people he stopped and wanted to turn back. He was however surrounded by Ram Lal and the accompanying persons and was arrested. On a search being taken he was found in possession of a Kripan for which he had no licence.

A formal report was lodged by Ram Lal, Constable, at Police Station Kotwali, Budaun on 31st March, 1968 at 11.05 a.m. A case under Section 25, Arms Act was registered against the appellant and after com