Abhishek Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 2290 MP

                                  1                                CRR-1179-2021
        The High Court Of Madhya Pradesh
                   CRR-1179-2021
                 (ABHISHEK GUPTA Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 11-06-2021
        Through Video Conferencing.
      Shri Ganga Prasad Patel, learned counsel for the applicant.
      Shri S.K. Kashyap, learned Govt. Advocate for the respondent/State.

Heard on admission.

This revision has been preferred against the judgment dated 03.04.2021

passed by II A.S.J. Narsinghpur in Criminal Appeal No.12/2021 by which the learned A.S.J. confirmed the judgment of conviction and sentence passed on 22.01.2021 in Criminal Case No. 1078/2008 passed by C.J.M., Narsinghpur. The C.J.M. Narsinghpur convicted the applicant for the offence under Section 25 (1-B) A of Arms Act and sentenced him to undergo one year simple imprisonment with the fine of Rs.1000/-. The aforesaid findings of conviction and sentence, both confirmed by A.S.J. in Criminal Appeal.

It is submitted by applicant's counsel that the prosecution story is not supported by independent witnesses. The prosecution sanction is also

defected. Therefore, revision should be admitted.

On the other side, the State opposed the matter and submitted that concurrent findings of both Courts is based upon the reliable evidence of prosecution. Therefore, there is no ground to interfere.

It appears from the record that the illegal arms 9 mm bore pistol was seized from the possession of the applicant on 13.05.2008. The conviction of the applicant is based upon the evidence of G.R. Chandravanshi (PW-1) who was the Sub Inspector at Police Chowki Stationganj, Narsinghpur. He categorically stated the entire story and the seizure from the applicant. His entire cross-examination, there is no any doubt created upon the testimony of the aforesaid witness. The witness was not previously known to the accused. He was not having any enmity. Therefore, no any reason is found for false 2 CRR-1179-2021 implication of the applicant.

It is true that the independent witnesses namely, Ashok Kumar and Shankar Lal both turned hostile. But only upon the basis of aforesaid fact that the case cannot be doubted. If the evidence of Investigation Officer to seized the article is found reliable then no any support from independent witnesses is required. In this case, the statement of PW-1 is totally reliable. The aforesaid

weapon was found in working condition as per the statement of PW-4 N.P. Shrivastava. No any cross-examination has been done by the accused upon the aforesaid witness. Therefore, no any ground is found to suspect the testimony of aforesaid witness.

Tarachand PW-7, prove the prosecution sanction, who proved the fact that the arms was sent in sealed condition which was produced before the District Magistrate by the witness, who issued the sanction. Any substantive ground has not been raised in the cross-examination of the witnesses. There is no any doubt upon the prosecution sanction.

Therefore, it appears that the conviction of the applicant is based upon reliable evidence of PW-1. Hence, no any ground is found to interfere in the conviction. The sentence of simple imprisonment for one year has been awarded which is not higher.

Therefore, this revision having no any force, hence, dismissed.

(B. K. SHRIVASTAVA) JUDGE

dixit

Digitally signed by MAHENDRA KUMAR DIXIT Date: 2021.06.11 16:32:18 +05'30'