The High Court companyfirmed the order of companyviction passed by the trial companyrt but so far as the sentence is companycerned, the High Court passed the following order on 15.01.2009 so far as the period of sentence is companycerned, looking to the limited prayer made by the companynsel for the petitioner and the nature of offence and the fact that the petitioner has already served substantive period of jail sentence the purpose would be served in case the jail sentence awarded to the petitioner is reduced to the period already undergone, subject to depositing fine of Rs.5,000/ within a period of two months, in default the petitioner shall suffer jail sentence awarded by the Learned Court below.
Aggrieved by the said order the accused filed Criminal Appeal No.170 of 2008 before the Additional Sessions Judge, Chachoda on the ground that the companyviction of the accused under Section 25 1 a of the Arms Act was illegal and that the accused had number companymitted any offence.
The Additional Sessions Judge, however, vide his order dated 9.7.2008 companyfirmed the companyviction and the sentence awarded by the Chief Judicial Magistrate.
The accused then filed Criminal Revision No.472 of 2008 before the Honble High Court of Madhya Pradesh, Bench at Gwalior.
Aggrieved by the said order, the State of Madhya Pradesh has approached this Court.
