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2023 Supreme(MP) 51

VIRENDER SINGH
Guddu Musalman @ Mohd. Sakeel – Appellant
Versus
State of M. P. – Respondent


Advocates:
Brijesh Mishra for petitioner; Vinod Tiwari, Panel Lawyer, for respondent/State.

JUDGMENT

1. The petitioner was convicted for the offence punishable under section 25(1B)(b) of the Arms Act, 1959 vide judgment dated 27.11.2021 passed by Chief Judicial Magistrate, Shahdol in Criminal Case No.1795/2015 and awarded sentence of one year's rigorous imprisonment with fine of Rs.500/- and in default thereof, to suffer one month's simple imprisonment. The appeal filed by the petitioner before Sessions Judge, Shahdol was dismissed vide order dated 6.4.2022 being barred by limitation. In the present revision, the petitioner has challenged both the judgment and order relating to his conviction.

2. Brief facts of the case are that on 11.9.2015 at 9.40 p.m., Head Constable Pratap Singh (PW2) received a credible information that one person armed with a Baka (a sharp cutting weapon) was threatening the passers-by near Purani Basti. Acting on this information, the police reached the spot along with witnesses and apprehended the petitioner along with the weapon. On being asked, the petitioner disclosed his name as Guddu Musalman @ Mohd. Sakeel. He was asked about the permission to possess the weapon but he could not produce the same, therefore, police seized the said weapon in pre

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