1. Assail is to the judgment dated 5.8.08 passed by the Additional Sessions Judge and Special Judge, (Dacoity Act), Panna in Special Case No: 76/08, whereby the appellant Chirku @ Lakhanlal has been convicted under Section 25 (1) (b) (a) of Arms Act read with Section 11/13 of M.P. Dacoity Ewam Vapharan Prabhwit Kshetra Adhiniyam, 1981 (in short 'the Adhiniyam') and sentenced to 3 years rigorous imprisonment and fine of Rs. 500/- indefault one months rigorous imprisonment.

2. Case of the prosecution in a nutshell is that SHO Police Station, Dharampur on intervening night of 21-22/4/08 received secret information that in village Dharampur one person is roaming possessing katta. The information was entered vide Exhibit P-8C. RG Tiwari along with police party and panch witnesses reached on the spot. He saw a person running infront of Durgapur School, that man was apprehended by the police. The personal search of the person apprehended was taken. A 315 bore katta containing live cartridge was found in possession of that person. On interrogation, he disclosed his name as Chirku @ Lakhanlal. Katta and cartridge were seized vide seizure memo Exhibit P-l, Panchnama Exhibit P-10 w