IN THE HIGH COURT OF CHHATTISGARH
, J
Budheshwar Atma Ram Dhobi v. State of Chhattisgarh
| Table of Content |
|---|
| 1. applicant convicted for injuries caused. (Para 2 , 4 , 5) |
| 2. evidence of weapon as prohibited arms needed. (Para 6 , 7 , 9 , 10) |
| 3. conviction upheld, sentence reduced. (Para 12 , 18 , 19) |
1. Heard.
2. The applicant's conviction under S.324 of IPC and S.25 of the Arms Act , 1959 (in short "the Act, 1959") and sentence of RI for one year for each of the offence and fine of Rs.1000/- and Rs.200/- respectively, for causing injuries by means of sword to injured Kannilal, as rendered by the trial Magistrate, has been affirmed by the Appellate Court.
3. The short legal question, arising in this criminal revision for consideration, is "whether conviction under S.25 of the Act, 1959 is sustainable in absence of any evidence that the sword carried by the applicant was in the category of 'prohibited arms' as has been specified in the Notification issued by the State Government under S.4 read with S.25(1B) (b) of the Act, 1959?"
4. Bare minimum facts necessary to dwell on the above issue is that on 17.6.1994, at about 7:30 p.m., injured Kannilal had gone towards the village pond and was in conversation with Chhatrapal and Samaylal. At that point of time, the accused persons reac
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