IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO.

1154 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No ==========================================================

BABU FAKIRA KOLI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR KIRTIDEV R DAVE(3267) for the Applicant(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 30/03/2026

JUDGMENT

1) By way of present revision application under Sections 397 read with

401 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashing and setting aside the judgment and order of conviction and sentence dated 18.06.2021 passed by the learned JMFC, Naliya, District Kachchh, in Criminal Case No.423 of 2013, whereby, the trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 25(1-B) 1 of the Arms Act and sentenced to undergo rigorous imprisonment of three years and also directed to pay fine of Rs.10,000/-, which is confirmed by learned 9^th Additional District Judge, Bhuj-Kachchh, in Criminal Appeal No.36 of 2021 vide order dated 28.06.2023.

2) Heard Mr.Kirtidev R. Dave, learned counsel for the applicant –

accused and Mr. Rohan Raval, ld. APP for the respondent – State.

3) Brief facts of the prosecution case are that, on 13.12.2012, the complainant was on duty with his staff and he was away 1.5 kms from Sukhpar, at that time, one person run away in North side and due to suspicious behavior of the person, the complainant chased that person and caught him and on the search of the body, one country made pistol with four live cartridges were found from him which having any valid license for possession of weapon. FIR came to be filed at Naliya Police Station, West Kachchh, for the offence under Sections 25(1-B) A of the Arms Act and Section 135 of the Gujarat Police Act. Thereafter, chargesheet was filed before JMFC Court and after conclusion of the trial, learned Magistrate passed an order of conviction which was confirmed by the learned District Court, Bhuj as mentioned in para 1 of this order.

4) Learned counsel for the applicant has submitted that the learned Trial Court failed to appreciate the fact that neither any ballistic expert report was called for nor was the weapon examined scientifically, and merely on the basis of the statement of a police official, the conviction order has been recorded. It is further submitted that there were two panch witnesses, however, the first panch did not support the case of the prosecution, and it was obligatory on the part of the prosecution to examine the second panch witness. No reason has been assigned for non-examination of the said independent witness. It is also contended that the raid had already been concluded prior to the drawing of the panchnama, and therefore, such panchnama cannot be relied upon as a corroborative piece of evidence. Moreover, neither any ballistic report has been produced nor were any fingerprints of the applicant found on the alleged weapon.

5) Learned APP for the respondent–State has opposed the present revision application and contended that when the complainant police official was on patrolling duty, the applicant was found in a suspicious condition. Upon checking, one pistol and four live cartridges were recovered from his possession. A panchnama to that effect was prepared and statements of the panch witnesses were recorded. It is, therefore, submitted that the learned Trial Court has properly appreciated the evidence on record and has rightly recorded the conviction. Hence, it is prayed that the present revision application be dismissed.

6) Having heard learned counsel for the respective parties and upon perusal of the material placed on record, it