1. This revision petition is directed against the order dated 31.8.96 passed by shri M.L Tiwari, Second Additional Sessions Judge, Ashoknagar, Guna. It has arisen out of the following facts.

2. The prosecution claimed that the applicant was found in possession of a sword measuring 3 Balist 10 Angul on 1.2.91 of which he had no licence, at the time of his arrest in the Haar of village Raipura. The learned trial Court after considering the evidence on record held the accused guilty of the offence punishable u/s 25 (1) (a) of the Arms Act and convicted and sentenced him under that section to a term of one year R.I. and a fine of Rs. 100/-. An appeal was preferred against that order which was rejected by the learned appellate Court. Hence this revision.

3. The learned counsel for the petitioner contended that in the petitioner case the petitioner was charged and tried u/s 25 (a) of the Arms Act. It was mentioned in the charge that he was found in possession of a sword measuring 3 Balist 10 Angul and 2 Angul in width at the Haar of village Raipura and the offence shown was u/s 25 (a) of the Arms Act The contention of the learned counsel is that there is no such offence provided under