ORDER

1. This revision under section 397 read with section 401 of Cr.P.C has been preferred by the applicant assailing the appeal judgment dated 10.01.2023 passed by IInd Addl. Sessions Judge to the Court of Ist Addl. Sessions Judge, Tikamgarh in Cr.A.No.74/2022 (Vijay Singh v. State of M.P.) whereby applicant’s conviction for commission of offence under section 25(1-b)(a) of Arms Act and sentence of 1 year RI with fine of Rs. 500/- with default stipulation by the learned JMFC, Tikamgarh vide judgment of conviction and order of sentence dated 27.4.2022 passed in Criminal Case No.15202274/2014, has been affirmed.

2. As per the prosecution story on 5.11.2014 Sub Inspector Mansharam Bagen of P.S. Mohangarh during his beat visit received secret information that Vijay Singh s/o Govind Singh armed with illegal country made pistol at village Jagatnagar is threatening to public at large. At this, he alongwith witnesses and police force reached on the spot encircled and apprehended accused Vijay Singh. In search, one 12 bore country made pistol alongwith one 12 bore live cartridge was seized from shirt and pant worn by him. He was asked to produce the license for possessing the same but he could not produce any license. The aforesaid country made pistol Article A-1 and live cartridges Article A-2 were seized and sealed before the witnesses in presence of the applicant-accused. Seizure memo (Ex.P/1) was prepared. Accused was arrested and arrest memo (Ex.P/2) was prepared. After returning to police station, F.I.R (Ex.P/8) was registered at entry No.194/2014. After investigation charge sheet was filed.

3. Learned trial court framed the charges against the applicant/accused for commission of offence under section 25(1-b) (a) of the Arms Act. Accused abjured the guilt and claimed to be tried.

4. In order to prove its case, prosecution examined 7 witnesses while accused did not examine any witness in his defence. After hearing the parties, learned trial Court convicted and sentenced the applicant as mentioned hereinabove.

5. Applicant challenged the judgment of conviction and order of sentence by preferring appeal before the court of Sessions but the same was dismissed by IInd Addl. Sessions Judge to the Court of Ist Addl. Sessions Judge, Tikamgarh vide impugned judgment dated 10.1.2023. Hence, this revision.

6. Learned counsel for the applicant assailing the findings recorded by the courts below has submitted that the independent witnesses of the seizure memo have not supported the seizure of Article A-1 country made pistol and Article A-2 live cartridge seized from the possession of the applicant. In such circumstances, learned courts below were not justified in convicting and sentencing the applicant relying on the evidence of official police witnesses. Thus, the findings of conviction as recorded by the courts below are illegal, incorrect and improper and prayed for acquittal of the applicant/accused by setting aside the judgment passed by the Courts below.

7. On the other hand learned counsel for the State has supported the findings recorded by the Courts below and has submitted that the learned courts below after appreciating the evidence of witnesses have rightly convicted the applicant and have awarded minimum prescribed sentence of one year for commission of offence. Therefore, it is prayed that when concurrent findings of the Courts below are available this Court should refrain from interfering such the findings recorded by the courts below.

8. I have heard learned counsel for the parties and perused the record of the Courts below.

9. Sub Inspector Mansharam Bagen (P.W.7) has deposed that on 5.11.2014, he alongwith police force had left the police station for village Gaur. He had entered his departure in Rojnamcha Sanha at No. 130 dated 5.11.2014. It is further deposed that during area patrolling, he had received information that in village Jagatnagar, one Vijay S/o Govind Singh R/o Biharipura armed with country made pistol is intimidating