IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

TH TUESDAY, THE 4 DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946 CRL.REV.PET NO. 178 OF 2015 CRIME NO.127/2007 OF Rajapuram Police Station, Kasargod AGAINST THE JUDGMENT DATED 19.01.2015 IN Crl.A NO.28 OF 2014 OF THE SESSIONS COURT, KASARAGOD ARISING OUT OF THE JUDGMENT DATED 21.01.2014 IN CC NO.440 OF 2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG REVISION PETITIONERS/APPELLANTS/ACCUSED:

1. M.C.SUNDARAN,AGED 47 YEARS S/O.CHEMIYA NAIK, DODDACHERI, MADIKERI TALUK, KODUGU DISTRICT, KARNATAKA STATE. 2. B.N.VENKITTARAMA, AGED 61 YEARS S/O.NARAYANA, DODDACHERI, CHETHUKAYAM, KARIKKE GRAMAM, MADIKERI TALUK, KUDUGU DISTRICT, KARNATAKA STATE BY ADVS.

SRI.M.RAMESH CHANDER (SR.)

SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENT/RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

SRI.SANAL P. RAJ, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION WAS FINALLY HEARD ON

31.01.2025, THE COURT ON 4.2.2025 PASSED THE FOLLOWING:

ORDER

This revision petition is filed under Section 397 read with Section 401 of the Code of Criminal Procedure (‘Cr.P.C’, for short) by the revision petitioners challenging their conviction and sentence, for the offence under Section 3 read with Section 25 (1B) (a) and Section 30 of the Arms Act, 1959 (‘Arms Act’ for short), by the Court of the Judicial First Class Magistrate-I (JFCM- I), Hosdurg as per the judgment dated 21.01.2014 in C.C. No.440 of 2009, which is confirmed in appeal by the Sessions Court, Kasargod, as per the judgment dated 19.01.2015 in Crl.A. No.28 of 2014. For convenience, the parties are hereinafter referred in this order as they were before the trial court.

2. As per the prosecution case, on 10.08.2007 at 11.30 hours, while PWs 2 and 3 - Forest Beat Guards attached to Panathur Bit, Panathady Section were conducting a routine inspection inside the forest at Kottoor coup area, they found accused No.1 hiding behind a bush aiming at something with a gun. Though the accused attempted to escape, the Beat Guards along with other forest officials successfully apprehended him and seized a loaded gun from his possession. They emptied the gun by firing it into the air. On conducting body search of accused No.1, they could seize used and unused cartridges of the gun. After arresting accused No.1, they returned to the Forest Range Office and entrusted him to PW1, the Forest Range Officer. Ext.P4 confession statement of accused No.1 was recorded by PW1 and on the next day he was entrusted to the Sub Inspector of Rajapuram Police Station and crime No.127 of 2007 for the offences under Section 3 read with Section 25(1B)(a) and Section 30 of the Arms Act was registered in that Police Station. As per Ext.P4 disclosure Statement made by accused No.1, the gun was obtained by him from another person. Accordingly, that person was also arrayed as accused No.2 in the crime. On completion of the investigation, final report was laid before the JFCM-I, Hosdurg, and it was taken cognizance. Meanwhile, the accused were enlarged on bail.

3. After serving copies of all relevant prosecution records to the accused under Section 207 Cr.P.C and after hearing both sides, the learned Magistrate framed the charge for the offences under Section 3 read with Section 25(1B)(a) and Section 30 of the Arms Act. The accused pleaded not guilty when the charge was read over and explained to them. To substantiate the case of the prosecution, PWs 1 to 10 were examined and Exts.P1 to P14 documents and MO1 to MO3 material objects were marked. The remaining witnesses were given up by the prosecution. When examining under Section 313 Cr.P.C, the accused maintained the plea of innocence and denied all the incriminating evidence brought out against them. Accused No.1 filed a statement that no gun was seized from his possession. Accused No.2 in his written statement stated that he had been asked by PW1 to produce hi