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2009 Supreme(MP) 1133

S.S.DWIVEDI
Khillan Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
Bhagwan Pandey for applicant; M. Bhardwaj Public Prosecutor for State.

ORDER

1. The applicant has preferred this revision under section 397 of CrPC being aggrieved by the judgment dated 31.7.2003 passed by the Sessions judge, Vidisha, in Criminal Appeal No. 110/2002, whereby affirmed the judgment of conviction and sentence dated 21.11.2002 passed by the JMFC, Vidisha, in Criminal Case No. 149/2002, wherein the applicant has been found guilty under section 25(1)(a) of the Arms Act and sentenced to one year R.I. with a fine of Rs. 500/- and in default of payment of fine, further ordered to suffer imprisonment for one month.

2. The brief facts of the case are that on 21.11.95 P.P. Gautam, Sub-Inspector of police posted at Police Station, Dehat, Vidisha, received secret information that the applicant was standing in suspicious position near Kua Khedi Barrier. On this information P.P. Gautam, Sub-Inspector together with other police force reached at Kua Khedi Barrier, caught the applicant/accused, made a search before the independent witness and seized a 32 bore country-made pistol with three cartridges as per seizure memo (Ex.P-l), which was found in the possession of the applicant. Thereafter, he (P.P. Gautam) returned back to the police station and regi










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