1. This is an application under section 397 read with section 40 I of the Code of Criminal Procedure filed by the accused-applicant being aggrieved of the judgment passed by learned Second Additional Sessions Judge, Ratlam in Criminal Appeal No. 184/2001 on 18.10.200 I whereby it confirmed the conviction passed by Judicial Magistrate, First Class, Ratlam in Criminal Case No. 180/1999 vide judgment dated 26.7.2001 sentencing him under section 25 (1b) (b) of the Arms Act for a period of 1 year Sl and fine of Rs. 100/- with a direction that in the event of nonpayment of fine, he would suffer 15 days further SI.

2. On 2.3.1999 at about 4 O'clock in the evening Head Constable Devendra Singh (PW 3) during his round relating to Holy duty discovered that the applicant was wielding a sword in a public place without having any lawful authority for its possession. Accordingly the said sword was seized by Devendra Singh vide Ex. P-1 in the presence of PW 1 Gopal and PW 2 Ambaram. The applicant was arrested by him vide Ex. P-2. The sword Article "A" measured 35 inches in length. Accordingly when Devendra Singh reached the concerned Police Station along with the accused-applicant,