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PREM NARAYAN SINGH
Tanmansingh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. This criminal revision under section 397 & 401 of Cr.P.C. has been filed by the petitioner being disgruntled by the judgment dated 7.11.2019, passed by the learned II Additional Sessions Judge, District Badwani in Cr.A. No.83/2019, affirming the judgment dated 30.7.2019, passed by learned Judicial Magistrate First Class, District Badwani in Criminal Case No.827/2015, whereby the petitioner has been convicted for the offence under section 25 (1-B)(A) read with section 3 of the ARMS ACT , 1959, sentenced to undergo one year R.I. with fine of Rs.500/- and usual default stipulation.
2. As per prosecution story, police received secret information that one person is carrying illegal weapons. Upon the said information, police party reached to Sulabh Complex, one person who was standing on the spot and caught hold him. On search, two pistols was found from his possession. He showed his inability to produce the license. Accordingly case was registered. After investigation charge-sheet was filed.
3. In order to bring home the charges, the prosecution has examined total 06 witnesses namely Mukesh Chouhan, Assistant Grade-II, Collectrate Office (PW-1), Bilu @ Veeru (PW-2), Rahul Raya
Conviction under the Arms Act requires independent corroboration of evidence, especially from police witnesses; the prosecution must prove guilt beyond a reasonable doubt.
The prosecution must prove unlawful possession of firearms beyond reasonable doubt, and minor inconsistencies in witness testimonies do not undermine the case if the overall evidence is credible.
The conviction under the Arms Act was set aside due to insufficient corroborating evidence, emphasizing that a police officer's testimony alone is inadequate without additional proof.
The failure to properly seal and document seized items raises reasonable doubt, leading to the acquittal of the accused.
The recovery of firearms from the petitioner's shop and the consistent evidence of official witnesses were crucial in upholding the conviction. Additionally, the court's consideration of the time ela....
The conviction was overturned due to unreliable evidence and procedural irregularities in the search and seizure process, leading to the acquittal of the petitioner.
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